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In re Troutt

In re Troutt

Ruling
"Secured claim" for fixture that was not a "consumer good" under the UCC allowed as unsecured.
Procedural posture

Debtors filed a petition under chapter 13 and a plan for repaying their creditors. A creditor filed a secured claim against the debtors' bankruptcy estate and objected to confirmation of the debtors' plan because the debtors' plan treated the creditor's claim as an unsecured claim. The creditor's objection was tried to the court.

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Consumer opinion summary, case decided on September 04, 2009 , LexisNexis #1009-076