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In re Clardy

In re Clardy

Ruling
Second mortgage partially secured by equity was not subject to modification in plan.
Procedural posture

Debtors filed a petition under chapter 13 and a proposed plan for paying their creditors. A corporation that held a second mortgage on the debtors'residence opposed the debtors'motion for confirmation of their plan. The case was tried by the court.

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opinion summary, case decided on June 12, 2007 , LexisNexis #0707-084