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IN RE BRIGGS

Bankruptcy No. 81-05419, Civ. A. No. A3-82-1.

25 B.R. 317 (1982)

In re John W. BRIGGS, Soc. Sec. No. 502-44-8038 and Diane S. Briggs, Soc. Sec. No. 502-46-0769, Debtors. METROPOLITAN FEDERAL SAVINGS AND LOAN ASSOCIATION, Creditor-Appellant, v. John W. BRIGGS and Diane S. Briggs, Debtors-Appellees.

United States District Court, D. North Dakota, Southeastern Division.

November 29, 1982.

Attorney(s) appearing for the Case

David L. Johnson, DeMars & Turman, Fargo, N.D., for creditor-appellant.

Robert L. Stroup II, Patricia R. Ellingson, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N.D., for debtors-appellees.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

Creditor Metropolitan Federal Savings and Loan Association (Metropolitan) appeals a bankruptcy court decision which permitted Chapter 13 debtors John and Diane Briggs to deaccelerate a home mortgage debt, allowed for payment of defaulted payments under the reorganization plan, and reinstated the original terms of the mortgage with payments to be made outside of the plan.

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