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IN RE NORATO

Bankruptcy No. 7900460, Adv. No. 800180.

11 B.R. 480 (1981)

In re Alfred T. NORATO, Jr. and Carol Norato, Debtors. HERITAGE LOAN AND INVESTMENT COMPANY, Plaintiff, v. Louis A. GEREMIA, Trustee and Alfred T. Norato, Jr. and Carol Norato, Defendants.

United States Bankruptcy Court, D. Rhode Island.

June 4, 1981.

Attorney(s) appearing for the Case

Philip R. DeSano, Providence, R.I., for plaintiff.

Kenneth J. Macksoud, Providence, R.I., for defendants.

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Heard on Plaintiff's complaint for relief from the automatic stay1 in order to foreclose on a mortgage. The Defendants allege that the mortgage deed and promissory note held by the Plaintiff were executed and obtained by the Plaintiff as a result of fraud and misrepresentation. The Defendants also raise the equitable defense of laches.

The evidence in this case is sharply conflicting....

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