In Re Chancellor

MEMORANDUM OPINION AND ORDER

JOHN D. SCHWARTZ, Chief Judge.

This matter is before the Court on the creditor’s motion to modify the debtors’ Chapter 13 plan and the debtor’s motion for summary judgment. On the basis of the following facts and conclusions of law, the creditor’s motion will be denied and the debtor’s motion will be granted.

On December 23, 1985, John and Brenda Chancellor (“debtors”) filed a petition for relief under Chapter 13 of the Bankruptcy Code. ((11 U.S.C. § 1301 et seq.) All references are to the Bankruptcy Code unless noted otherwise). Pursuant to the terms of the proposed…