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IN RE BADAGLIACCA

Bankruptcy No. 06-22132. Adversary No. 08-2032.

403 B.R. 288 (2009)

In re Carmen V. BADAGLIACCA and Dawn M. Badagliacca, Debtors. Michael H. Arnold, As Trustee, Plaintiff, v. Bank of New York Trust Co., JP Morgan Chase & Co., Ameriquest Mortgage Corporation, Wilshire Credit Corporation, Eastman Savings & Loan Association and HSBC Mortgage Corp. (USA), Defendants.

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

February 23, 2009.

Attorney(s) appearing for the Case

William E. Brueckner, Underberg & Kessler, LLP, Rochester, NY, for Plaintiff.

JP Morgan Chase & Co., pro se.

Mark R. Knuckles, Law Offices of Knuckles & Komosinski, PC, Tarrytown, NY, for Defendant, Ameriquest Mortgage Corporation.

Eastman Savings & Loan Association, pro se.

Angela Z. Miller, Phillips, Lytle LLP, Buffalo, NY, for Defendant, HSBC Mortgage Corp. (USA).

DECISION & ORDER

JOHN C. NINFO, II, Bankruptcy Judge.

BACKGROUND

On November 2, 2006, the Debtors, Carmen V. Badagliacca and Dawn M. Badagliacca (collectively the "Debtors")filed a petition initiating a Chapter 13 case, and George M. Reiber, Esq. was appointed as their Chapter 13 Trustee (the "Chapter 13 Trustee").

In the Schedules and Statements required to be filed by Section 521 and Rule 1007, the Debtors indicated that: ...

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