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IN RE McKINSTRY

Bankruptcy No. 85-113.

56 B.R. 191 (1986)

In re Ray William McKINSTRY, Debtor.

United States Bankruptcy Court, D. Vermont.

January 7, 1986.

Attorney(s) appearing for the Case

Jacqueline A. Hughes, Montpelier, Vt., for State of Vermont, Dept. of Taxes.

Raymond J. Obuchowski, Barre, Vt., Trustee.

Jess T. Schwidde, Montpelier, Vt., for debtor.

Gail E. Westgate, Burlington, Vt., for Bank of Vermont.

MEMORANDUM AND ORDER

FRANCIS G. CONRAD, Bankruptcy Judge.

This proposed reorganization under Chapter 13 presents the curious spectacle of a debtor who demands the right to make payments to a creditor who insists that the debt no longer exists because it is not a "claim" as defined in 11 USC Section 101(4). The adversaries' tergiversation arises because the creditor is a bank that holds a mortgage on the debtor's residence, which had secured an obligation...

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