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Thursday, July 19, 2012

New Judge Opel opinion regarding proofs of claim filed by secured creditors. One of the permissive provisions of Section 1322 is that a chapter 13 plan may modify the rights of secured claims when the collateral is not solely the debtor's principle residence. However, if the secured claim is modified in the plan, section 1322 requires that the claim be paid in full through the plan. Hinkle Confirmation Opinion (J. Opel)

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