IN RE ACEVEDO

Bankruptcy No. 880-05282.

9 B.R. 852 (1981)

In re Joseph R. and Zobeida M. ACEVEDO, Jr., Debtors.

United States Bankruptcy Court, E.D. New York.

March 18, 1981.


Attorney(s) appearing for the Case

Donner, Fagelson, Hariton & Berka, P.C., Bay Shore, N.Y., for debtors.

Cullen & Dykman, Brooklyn, N.Y., for Brooklyn Sav. Bank.

Kenneth Kirschenbaum, Garden City, N.Y., Trustee.


C. ALBERT PARENTE, Bankruptcy Judge.

Brooklyn Savings Bank (hereinafter "bank") objects to the confirmation of the debtors' Chapter 13 plan. The bank alleges that the plan is statutorily defective under Section 1325(a)(5) of the Bankruptcy Code in that it fails to provide for the full satisfaction over the term of the plan pursuant to a state court foreclosure judgment.

Factual Background

The bank is the assignee of a first mortgage on the debtors...

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