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IN RE SMITH

Bankruptcy No. CHP 13 80-21157.

7 B.R. 106 (1980)

In re Ken Lowell SMITH, Debtor.

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

November 11, 1980.

Attorney(s) appearing for the Case

John L. Licciardi, Rochester, for Columbia Banking, Sav. & Loan Ass'n.

Kenneth Gallant, Rochester, for debtor.

George M. Reiber, Rochester, Trustee for debtor.

Herman Kestenblatt, Rochester, for Mr. Real Estate, Inc. and 2005 Dewey Ave., Inc.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

An application for a declaratory judgment has been made by a foreclosure sale purchaser of real property who seeks a ruling from this Court (1) as to whether the real property which he purchased at the foreclosure sale is part of the above debtor's estate in light of the fact that the debtor filed a Chapter 13 bankruptcy petition after the sale but before a referee's deed was delivered to the purchaser...

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