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IN RE ARMSTRONG

Bankruptcy No. 05-35904. Adversary No. 09-09088.

434 B.R. 120 (2010)

In re Daniel and Challen ARMSTRONG, Debtors. Daniel and Challen Armstrong, Plaintiffs, v. Trustco Bank, Historic Pastures Homeowners Ass'n, City of Albany Dep't of Fire Emergency & Building Serv., and Tax Receiver City of Albany, Defendants.

United States Bankruptcy Court, S.D. New York, Poughkeepsie Division.

August 4, 2010.

Attorney(s) appearing for the Case

Nathan Horowitz, White Plains, NY, for Plaintiffs.

Lori J. Gilmore-Morris, Wappinger Falls, NY, for Defendant Trustco Bank.

OPINION GRANTING TRUSTCO'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

CECELIA G. MORRIS, Bankruptcy Judge.

The Court considers whether, after confirmation of a chapter 13 plan, full performance of the plan, and entry of the discharge, the Debtors may take steps necessary to effectuate the "surrender" of an apartment that was not their primary residence. Trustco Bank ("Defendant" or "Trustco") commenced a foreclosure...

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