Black v. Conseco Finance Servicing Corp. (In Re Black)

MEMORANDUM OPINION

JAMES G. MIXON, Chief Judge.

The issue before the Court is whether Harold and Kathryn Black (“Debtors”) may treat a claim of Conseco Finance Servicing Corporation (“Conseco”) as unsecured or whether the claim is entitled to anti-modification protection pursuant to § 1322(b)(2) of the United States Bankruptcy Code. The Debtors have filed an objection to the claim of Conseco and a complaint to determine the validity, priority, and extent of Conseco’s lien; Conseco has objected to confirmation of the Debt- or’s proposed plan. After a hearing on all matters on November 17, 2000,…