In Re Smith

ORDER

GEORGE FRANCIS BASON, Jr., Bankruptcy Judge.

In this case there was only one creditor, the first trust holder on the Debtor’s residence. The Debtor’s Plan as originally filed called for paying off the deed-of-trust arrearages in monthly installments over a three-year period. A substantial question existed as to whether the Debtor had any legal or equitable right to the property, however, because the first trust holder had foreclosed over a month before the Debtor filed his Chapter 13 petition. That question presented interesting issues involving interpretation of §§ 544(a)(3) and…