- 11 U.S.C.
McDonald v. Wells Fargo Fin.
May
30
2008
Ruling
Fixtures are "incidental property" included in debtors' residence so that mortgage thereon was protected from modification.
Procedural posture
Chapter 13 debtors, filed an adversary complaint in which they claimed that a third mortgage held on their residence by respondent mortgage company was modifiable under 11 U.S.C.S. § 1322(b)(2) on the ground that respondent's interest was in property other than real property owned by debtors.
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Court
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