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IN RE SHEN

Case No. 12-37161 (CGM).

501 B.R. 216 (2013)

IN RE: Richard SHEN, Debtor.

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

Filed November 15, 2013.

Attorney(s) appearing for the Case

Michael A. Fakhoury, Esq. , Michael A. Fakhoury, P.C., 804 Route 9, Suite 4, Fishkill, NY, 12524, Attorneys for the Debtor.

Charles A. Higgs, Esq. , Lance Portman, Esq. , McCabe Weisberg & Conway, P.C., 145 Huguenot Street, Suite 210, New Rochelle, NY 10801, Attorneys for Bank of America, N.A.

Pranali Datta, Esq. , Stein Wiener & Roth, L.L.P., 1 Old Country Road, Suite 113, Carle Place, NY, 11514 and Lori J. Gilmore-Morris, Esq. , 6 Daisy Lane, Wappingers Falls, NY 12590, Attorneys for EverBank.

Chapter 13

MEMORANDUM DECISION DENYING MOTION TO VACATE

CECELIA G. MORRIS, CHIEF U.S. BANKRUPTCY JUDGE

Shortly after filing for chapter 13 protection, the debtor in this case moved to avoid the wholly unsecured junior mortgage lien on his homestead and objected to the proof of claim filed by the junior mortgage holder. The motion and claim objection were properly served on the mortgage holder and its attorneys...

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