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IN RE FITZGERALD

Bankruptcy No. 80-12350, Adv. No. 82-1102.

20 B.R. 27 (1982)

In re Vincent P. FITZGERALD, Barbara A. Fitzgerald, Debtors. COMMUNITY STATE BANK, Plaintiff, v. Vincent P. FITZGERALD and Richard H. Weiner, Trustee, Defendants.

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

April 8, 1982.

Attorney(s) appearing for the Case

Nolan & Heller, Albany, N.Y., for plaintiff.

Herzog, Engstrom, Nichols & Koplovitz, Albany, N.Y., for defendants.

MEMORANDUM-DECISION AND ORDER

JUSTIN J. MAHONEY, Bankruptcy Judge.

Community State Bank, ("Community"), requests an order in clarification of its secured claim status. Vincent P. Fitzgerald, ("debtor"), relying on the debtor's discharge, opposes the granting of any relief and, further, contends that Community has improperly resisted attempts by the debtor to exercise his right of redemption.

STATEMENT OF FACTS

1. This Court has jurisdiction...

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