MATTER OF SKELLY

Civ. A. No. 83-435 MMS.

38 B.R. 1000 (1984)

In the Matter of Dean SKELLY, Jr. Lucy E. Skelly, Debtors/Appellants.

United States District Court, D. Delaware.

April 3, 1984.


Attorney(s) appearing for the Case

Eric M. Doroshow, Wilmington, Del., for debtors/appellants.

Robert V. Huber, Wilmington, Del., for Ninth Ward Sav. and Loan Ass'n.


OPINION

MURRAY M. SCHWARTZ, District Judge.

This Bankruptcy appeal presents the issue of whether, after entry of default judgment by a Delaware state court on a writ of scire facias (or "sci fa") sur mortgage, a court may confirm a Chapter 13 plan which envisions paying the mortgagee less than the amount of his judgment.

The pertinent facts are simple and undisputed. Debtors for some time in 1982 failed to make payments on a 30-year mortgage covering...

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