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IN RE JOHNSON

Nos. 89-3029, 89-3031.

904 F.2d 563 (1990)

In re Curtis Reed JOHNSON, Debtor. HOME STATE BANK OF LEWIS, Lewis, Kansas, Appellee and Cross-Appellant, v. Curtis Reed JOHNSON, Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

June 7, 1990.

Attorney(s) appearing for the Case

W. Thomas Gilman of Redmond, Redmond & Nazar, Wichita, Kan., for appellant and cross-appellee.

Calvin D. Rider (Dennis E. Shay with him on the briefs) of Smith, Shay, Farmer & Wetta, Wichita, Kan., for appellee and cross-appellant.

Royce E. Wallace of Wallace & Zimmerman, Wichita, Kan., for amicus curiae Royce E. Wallace, Standing Chapter 13 Trustee.

Patricia A. Reeder of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for amicus curiae Kansas Bankers Ass'n.

Before BRORBY, Circuit Judge, BARRETT, Senior Circuit Judge, and WEST, District Judge.

BRORBY, Circuit Judge.

Curtis Reed Johnson, Debtor, appeals from the reversal by the United States District Court for the District of Kansas of the Bankruptcy Court's confirmation of Johnson's Chapter 13 Plan. The facts are thoroughly presented in the district court's opinion, In re Johnson, 96 B.R. 326 (Bankr.D.Kan.1989). Basically, the Johnsons defaulted on two notes with Home State Bank (the Bank), which were secured by mortgages...

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