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MATTER OF POLVINO

Bankruptcy No. 79-24182, AP 80-2030.

4 B.R. 677 (1980)

In the Matter of Charles and Rosemary POLVINO, Debtors. MONROE SAVINGS BANK, Plaintiff, v. Charles and Rosemary POLVINO, Defendants.

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

June 17, 1980.

Attorney(s) appearing for the Case

John R. Weider, Rochester, N.Y., for plaintiff.

Kenneth B. Mason, Jr., Rochester, N.Y., for defendants.

MEMORANDUM AND DECISION

EDWARD D. HAYES, Bankruptcy Judge.

The Monroe Savings Bank has made application to lift the stay of § 362(d) to permit them to foreclose their mortgage in the above entitled matter. A preliminary hearing was held and a final hearing has been held at which testimony was taken. The case is now ready for decision.

The facts are as follows. The debtors filed their petition under Chapter 13 just prior to the foreclosure sale...

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