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IN RE WAPSHARE

No. 13-35075 (cgm).

492 B.R. 211 (2013)

In re James N. WAPSHARE, Debtor.

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

May 15, 2013.

Attorney(s) appearing for the Case

Edward J. Quilice, Esq., Simon Haysom LLC, Goshen, NY, for Debtor.

Kevin F. Preston, Esq., MacVean, Lewis, Sherwin & McDermott, P.C., Middletown, NY, for Orange County Trust Company.

MEMORANDUM DECISION ON MOTION TO AVOID SECOND MORTGAGE AND RECLASSIFY CLAIM

CECELIA G. MORRIS, Chief Judge.

Introduction

James N. Wapshare ("Debtor") seeks to avoid and reclassify a second mortgage that encumbers his principal residence. The holder of the second mortgage, Orange County Trust Company (the "Bank"), objects to the Debtor's requested relief. The Bank argues that the mortgage lien cannot be avoided until the Debtor has proposed...

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