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IN RE DOUTHART

Bankruptcy No. 90-852, Adv. No. 90-119.

123 B.R. 1 (1990)

In re Richard S. DOUTHART, Mary-Ann T. Douthart, Debtors. Richard S. DOUTHART, Mary-Ann T. Douthart, Plaintiffs, v. SECURITY PACIFIC FINANCE CORP., Defendant.

United States Bankruptcy Court, D. New Hampshire.

November 29, 1990.

Attorney(s) appearing for the Case

William R. Dunn, Berwick, Me., for Security Pacific Finance Corp., defendant.

Philip A. Brouillard, Laconia, N.H., for Richard and Mary-Ann Douthart, plaintiffs.

Janis Burns, Boston, Mass., U.S. Trustee.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

This adversary proceeding concerns the validity and extent of a certain lien held by the defendant on the residence of the plaintiffs pursuant to § 506(d) of the Bankruptcy Code. More specifically it involves the question of whether a chapter 7 debtor can use § 506(d) to value the real property supporting a mortgage debt and have the secured claim reduced to the value of the property when the...

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