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In re Collins

In re Collins

Ruling
Confirmation denied due to requirement that trustee not pay any mortgage payment increases or decreases absent plan modification.
Procedural posture

A mortgagee objected to the confirmation of debtors' chapter 13 plan, contending that the plan impermissibly modified its rights under 11 U.S.C. § 1322(b)(2) as evidenced by a loan and security agreement along with a deed of trust pledging the debtors'residence as security for the loan.

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opinion summary, case decided on July 19, 2007 , LexisNexis #0907-013