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IN RE LAYCOCK

Case No. 13-35122 (cgm).

497 B.R. 396 (2013)

IN RE: Alan LAYCOCK, Debtor.

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

September 25, 2013.

Attorney(s) appearing for the Case

Andrea B. Malin, Genova & Malin, Attorneys at Law, The Hampton Center, 1136 Route 9, Wappinger Falls, NY, 12590, Attorney for the Debtor.

Thomas Patalano, Dorf & Nelson LLP, International Corporate Center, 555 Theodore Fremd Avenue, Rye, NY, 10580, Attorney for Ocwen Loan Servicing, LLC, as servicer for HSBC Bank USA, N.A., as Trustee for Fremont Home Loan Trust 2006-D, Mortgage-Backed Certificates, Series 2006 — D.

Chapter 13

MEMORANDUM DECISION DENYING DEBTOR'S MOTION TO BIFURCATE OCWEN'S FIRST MORTGAGE LIEN

CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE

Introduction

Before the Court is a motion to bifurcate a first mortgage lien on real property that the debtor argues is not his principal residence. The mortgage holder counters by arguing that the real property is the debtor's principal residence. The Court agrees with the...

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