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IN RE HEMSING

Bankruptcy No. 87-40058.

75 B.R. 689 (1987)

In re Andrew J. HEMSING, Sharon K. Hemsing, Debtors.

United States Bankruptcy Court, D. Montana.

July 17, 1987.

Attorney(s) appearing for the Case

Jerrold L. Nye, Billings, Mont., for debtor.

Sherry Scheel Matteucci, Billings, Mont., for First Interstate Bank.

ORDER

JOHN L. PETERSON, Bankruptcy Judge.

The issue before this Court is whether in a Chapter 13 bankruptcy a matured indebtedness secured by a second mortgage on the Debtors' principal residence is subject to "modification" under 11 U.S.C. § 1322(b)(2).

On April 8, 1985, First Interstate Bank of West Billings (hereafter "First Interstate") advanced $17,425.00 with interest of 16.75% per annum to Andrew J. Hemsing and Sharon K. Hemsing (hereafter...

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