Matter of Plouffe

MEMORANDUM OF DECISION ON OBJECTION TO CONFIRMATION OF A CHAPTER 13 PLAN

ROBERT L. KRECHEVSKY, Chief Judge.

I

ISSUE

The United States Supreme Court in Nobelman v. American Savings Bank, 508 U.S. -, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) decided that Bankruptcy Code “§ 1322(b)(2) 1 prohibits a Chapter 13 debt- or from relying on § 506(a) 2 to reduce an undersecured homestead mortgage to the fair market value of the mortgaged residence.” Nobelman, 508 U.S. at -, 113 S.Ct. at 2108, 124 L.Ed.2d at 233. The question presented in this proceeding is whether § 1322(b)(2) also prohibits the debtor from…