Legal Opinion

In Re Wilson

United States Bankruptcy Court, S.D. Ohio

Decided June 26, 1985No. Bankruptcy 2-85-00356PublishedCited by 1 opinion

1Opinion of the Court

G.L. PETTIGREW, Bankruptcy Judge.

ORDER DENYING CONFIRMATION

11 U.S.C. 1322(b)(2) provides that a Chapter 13 debtor may not modify the rights of a creditor that has a security interest in real property which is the debtor’s principal residence. The Plan of Linda Wilson that provides for no payments on the overse-cured claim of Avco in accordance with the contract during 60 months may not be confirmed under Chapter 13.

This matter is before' the Court on the objection to confirmation of the debtor’s Chapter 13 Plan by Avco Financial Services Loan, Inc. (Avco). For the reasons set out below, the…

2Cases cited4 opinions

  1. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  2. Ronald E. Grubbs v. Houston First American Savings AssociationCourt of Appeals for the First Circuit · 1984
  3. In re ClarkCourt of Appeals for the Seventh Circuit · 1984
  4. In Re RorieUnited States Bankruptcy Court, S.D. Ohio · 1985

3Cited by1 opinion

  1. In Re BradshawDistrict Court, S.D. Ohio · 1985

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