IN RE RYAN

No. 06-00395 B.

360 B.R. 50 (2007)

In re William T. RYAN and Eileen Ryan, Debtors.

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

February 20, 2007.


Attorney(s) appearing for the Case

William R. Hites, Law Offices Jason Breen, Esq., of counsel, Buffalo, NY, for Debtors.

Gullace & Weld, LLP, George Schmergel, Esq., of counsel, Rochester, NY, for Wells Fargo Financial National Bank.


DECISION & ORDER

CARL L. BUCKI, Bankruptcy Judge.

As amended by the State of New York in 2001, Article 9 of the Uniform Commercial Code now provides that "[a] security interest does not exist under this article in ordinary building materials incorporated into an improvement on land." N.Y.U.C.C. § 9-334(a)(McKinney 2002). In the present instance, the debtors object to the secured status of a claim that asserts a lien on a bathtub. The defining...

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