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IN RE SPEARS

No. 08-13988 B.

421 B.R. 47 (2009)

In re Raquel C. SPEARS, Debtor.

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

December 9, 2009.

Attorney(s) appearing for the Case

Fessenden, Laumer & DeAngelo, Jamestown, NY, for the Debtor.

Eric A. Bloom, Esq., Buffalo, NY, for Sterling Glass/Dual Pane, Inc.

DECISION & ORDER

BUCKI, Chief Judge.

In this Chapter 7 case, the debtor has filed a motion to avoid two liens that encumber a parcel of commercial real estate. The only issue of contention is whether the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 operates also to reverse the holding of the Supreme Court in Dewsnup v. Timm, 502 U.S. 410, 112 S.Ct. 773, 116 L.Ed.2d 903...

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