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In re Abbott

In re Abbott

Ruling
Servicer of a creditor's mortgage was denied claim for additional prepetition arrearages since that claim had been addressed in prior confirmed plans.
Procedural posture

The debtor filed a motion to obtain a determination that the prepetition arrearage that was owed to the creditor had been paid in full. The creditor was the holder of the first mortgage on the debtor's residence. The creditor objected to the motion, on the grounds that the debtor continued to owe an additional amount of prepetition arrearage.

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opinion summary, case decided on February 13, 2006 , LexisNexis #0506-031