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MATTER OF FOSTER

No. 81-2191.

670 F.2d 478 (1982)

In the Matter of John W. FOSTER, Jr. and Myrtha D. Foster, Debtors. John W. FOSTER, Jr., and Myrtha D. Foster, Appellants, v. William HEITKAMP, Trustee, Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 1982.

Attorney(s) appearing for the Case

Jane Ford, Houston, Tex., for appellants.

Gary J. Knostman, Fulton Beach, Tex., amicus curiae.

Arthur L. Maller, Houston, Tex., court appointed, amicus curiae.

Before GARZA and RANDALL, Circuit Judges.

RANDALL, Circuit Judge:

This case presents a bankruptcy court's refusal to confirm a "wage earner plan," under Chapter 13 of the Bankruptcy Code, which called for the making of the current regular payments on the debtors' homestead mortgage (current mortgage payments) "outside the plan" while the arrearage on the mortgage claim was to be cured pursuant to the provisions of § 1322(b)(5) of the Bankruptcy Code. The bankruptcy...

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