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IN RE MOORE

Bankruptcy No. 89-02753-NT.

113 B.R. 239 (1990)

In re Smitty MOORE, Debtor.

United States Bankruptcy Court, E.D. Virginia, Norfolk Division.

March 21, 1990.

Attorney(s) appearing for the Case

Robert B. Hill, Hill & Rainey, Petersburg, Va., for Landmark Financial Services.

Tom C. Smith, Virginia Beach, Va., for debtor.

David R. Levin, Portsmouth, Va., trustee.

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

In this chapter 13 case, the debtor's plan proposes to treat the deed of trust claim of Landmark Financial Services as partially unsecured pursuant to 11 U.S.C. § 506. Landmark objects to confirmation of the debtor's plan because the plan fails to treat its claim as fully secured in contravention of 11 U.S.C. § 1322(b)(2).

The facts are not in dispute. Landmark holds a junior deed...

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