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IN RE JOHNSON

Bankruptcy No. 10-12963 B. Adversary No. AP 10-01067 B.

449 B.R. 7 (2011)

In re Donald JOHNSON, Debtor. Donald Johnson, Plaintiff, v. County of Chautauqua, Defendant.

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

Order Denying Reconsideration May 20, 2011.

Attorney(s) appearing for the Case

Peter D. Grubea, Esq., Buffalo, NY, for Plaintiff.

Jason S. DiPonzio, Esq., Rochester, NY, for Defendant.

DECISION & ORDER

CARL L. BUCKI, Chief Judge.

In this Chapter 13 case, the debtor seeks to reverse the consequences of his default in a tax foreclosure proceeding. This dispute involves two issues. The first is whether the debtor retains a sufficient property interest to allow him to address his tax default in the context of a Chapter 13 plan. To the extent that this interest does not now exist, a second issue is whether the debtor may recapture...

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