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IN RE ROBERTS

Bankruptcy No. 87-00396E, Adv. No. 87-151E.

99 B.R. 653 (1989)

In re James M. ROBERTS and Billie Jo Ann Roberts, his Wife, Debtors. James R. ROBERTS and Billie Jo Ann Roberts, his Wife, Plaintiffs, v. Gary V. SKIBA, Esq., Trustee, and Miles Homes, a Division of Insilco Corp., Defendants.

United States Bankruptcy Court, W.D. Pennsylvania.

April 28, 1989.

Attorney(s) appearing for the Case

Gary V. Skiba, Erie, Pa., Trustee.

James H. Richardson, Erie, Pa., for defendant, Miles Homes.

Joseph P. Burt, Erie, Pa., for debtors.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Issue

The question presented is whether the debtors may, under 11 U.S.C. § 1322(b)(2), modify a second lien mortgage on the debtors' residence which was incurred in order to acquire the residence and which has a life of three years-two months to full maturity and was past due prior to the filing of this bankruptcy case.

Facts

The debtors in the within adversary proceeding...

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