Plowden v. Peoples Financial Corp. (In re Pair)

ORDER

HUGH ROBINSON, Bankruptcy Judge.

This is before us on cross-motions for summary judgment on trustee’s complaint to disallow claim. It is the trustee’s contention that the claim should be disallowed as being in violation of Ga.Code Ann. ch. 57-2, generally known as the Secondary Security Deed Act (“SSDA”). Specifically, it is contended that the acceleration clauses contained in the Real Estate Installment Note and the Deed to Secure Debt are invalid in that they allegedly provide for payment of unearned interest in case of default. However, it will not be necessary to address the merits of…