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In re Schayes

In re Schayes

Ruling
Debtors' home, purchased for investment but used as pre- and postpetition residence was their primary residence.
Procedural posture

Chapter 11 debtors filed a motion for summary judgment on their claim that their home did not qualify as their principal residence for purposes of 11 U.S.C.S. § 1123(b)(5). A secured lender filed a response.

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Consumer opinion summary, case decided on December 04, 2012 , LexisNexis #1212-127