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IN RE MOORE

No. 09-61990.

441 B.R. 732 (2010)

In re Linda Ann MOORE and Dee Yancey Moore, Jr., Debtors.

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

November 18, 2010.

Attorney(s) appearing for the Case

Peter A. Orville, Esq., Zachary McDonald, Esq., Peter A. Orville, P.C., Binghamton, NY, for Debtors.

Natalie A. Grigg, Esq., Steven J. Baum, P.C., Amherst, NY, for America's Servicing Company.

Mark W. Swimelar, Esq., Maxsen D. Champion, Esq., of Counsel, Syracuse, NY, Chapter 13 Standing Trustee.

MEMORANDUM-DECISION AND ORDER

DIANE DAVIS, Bankruptcy Judge.

The question before the Court is whether Linda Ann Moore and her husband, Dee Yancey Moore, Jr., (collectively, "Debtors") may modify a mortgage that encumbers a single parcel of real property that consists of Debtors' personal residence and a stand-alone apartment building. Specifically, Debtors seek to "strip down"1 the first mortgage lien held by America's Servicing...

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