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In re Coover

In re Coover

Ruling
Plan procedure to definitively ascertain amount owed to secured creditor was not an impermissible modification.
Procedural posture

Claimants, home mortgage creditors, objected to language contained in a form chapter 13 plan proposed and recommended by the chapter 13 trustee for the judicial district. At issue was whether the issue was ripe, whether the language was internally inconsistent, whether the language violated 11 U.S.C. § 1322(b)(2), whether language noting that the proviso was subject to modification by a subsequent court order was properly added.

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opinion summary, case decided on September 28, 2006 , LexisNexis #1006-112