IN RE TERRELL

No. 89-1011.

892 F.2d 469 (1989)

In re William TERRELL and Tammy Terrell, Debtors. William TERRELL and Tammy Terrell, Plaintiffs-Appellees, v. Eugene ALBAUGH, Defendant-Appellant, United States of America, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided December 21, 1989.


Attorney(s) appearing for the Case

Ralph I. Selby (argued), Bay City, Mich., for debtors/plaintiffs-appellees.

James L. Witzel, Peter S. Shek (argued), Steven T. Flood, Saginaw, Mich., for defendant-appellant.

L. Michael Wicks, Asst. U.S. Atty., Detroit, Mich., J. Christopher Kohn, Torrence R. Thomas, Jr., Bea L. Witzleben, Office of the Dept. of Justice, Civ. Div., Washington, D.C., for intervenor.

Before KENNEDY and RYAN, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.


KENNEDY, Circuit Judge.

Eugene Albaugh appeals the District Court's approval of an amended Chapter 12 bankruptcy plan for William and Tammy Terrell. 93 B.R. 115. The plan proposed to reduce the outstanding amount owed to Albaugh on a land contract from its contract value to the property's current market value. Albaugh claims that the Bankruptcy Court erred in treating a land contract interest as a lien subject to 11 U.S.C. § 1225...

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