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In re Chestnut

In re Chestnut

Ruling
Creditor bound by terms of confirmed plan to release lien upon repayment.
Procedural posture

Debtor filed a petition under chapter 13 of the Bankruptcy Code and an amended plan for repaying his creditors. After the debtor met all requirements for repaying one of his creditors under his plan, the creditor refused to release a lien on real property. The debtor filed a motion for an order enforcing his plan and requiring the creditor to release its lien, and his wife joined that motion. The creditor opposed the motion.

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Consumer opinion summary, case decided on July 29, 2008 , LexisNexis #0808-103