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IN RE BRUNSON

Bankruptcy No. 96-10367 K, Adv. No. 96-1084 K.

201 B.R. 351 (1996)

In re Shirley A. BRUNSON a/k/a Shirley A. Champion, Debtor. Shirley A. BRUNSON, Plaintiff, v. WENDOVER FUNDING, INC. and National Fuel Gas Distribution, Inc., Defendants.

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

September 25, 1996.

Attorney(s) appearing for the Case

Peter D. Grubea, Aaron, Dautch, Sternberg & Lawson, Buffalo, New York, for Plaintiff/Debtor.

Anne E. Miller, Shapiro & Kreisman, Rochester, New York, for Wendover Funding, Inc.

Christopher M. Marks, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, New York, for National Fuel Gas Distribution, Inc.

MICHAEL J. KAPLAN, Chief Judge.

This Court today rejects substantial authority to the effect that strip-down of a residential mortgage is always permitted, as a matter of law, as to multi-family dwellings in a Chapter 13 case. This Court believes that the antimodification provision, 11 U.S.C. § 1322(b)(2), may apply in some such instances, depending on the facts of a particular case.

This is an adversary proceeding in a Chapter 13 case in which the Debtor...

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