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IN RE COLE

Bankruptcy No. 90-10672S, Adv. No. 90-0748S.

122 B.R. 943 (1991)

In re Brenda A. COLE, Debtor. Brenda A. COLE, Plaintiff, v. CENLAR FEDERAL SAVINGS BANK and Edward Sparkman, Trustee, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

January 8, 1991.

Attorney(s) appearing for the Case

Roger V. Ashodian, Delaware County Legal Assistance Ass'n., Chester, Pa., for debtor-plaintiff.

Gary McCafferty, Philadelphia, Pa., for defendant-Cenlar Federal Sav. Bank.

Edward Sparkman, Philadelphia, Pa., Standing Chapter 13 Trustee.

OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The success of the current Chapter 13 Plan of Debtor, who made but six of the 38 pre-petition mortgage payments due to her residential mortgagee, depends on her ability to convince us that she can utilize 11 U.S.C. § 506 to effectively "cram down" her sizable mortgage-payment arrears. Logic, as well as the express language of 11 U.S.C. § 1322(b)(5), dictates that she cannot do so...

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