In re Dunn

Ruling: 
Plan proposing sale of property as cure for prepetition mortgage default did not impermissibly modify lender's rights.
Procedural posture: 
Debtors filed a motion to confirm their chapter 13 plan, and a creditor bank objected to plan confirmation on the ground that the proposed plan impermissibly modified its rights in violation of 11 U.S.C.S. § 1322(b)(2). The bank also filed a motion for adequate protection payments pending confirmation.
Issue: 
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Consumer case opionion summary, case decided on January 09,2009, LexisNexis #0209-090