IN RE LOADER

Bankruptcy No. 90-41462, Adv. No. 90-4292.

128 B.R. 13 (1991)

In re Gary A. LOADER and Nancy M. Loader, Debtors. Gary A. LOADER and Nancy M. Loader, Plaintiffs, v. CHARLTON CREDIT UNION, First National Bank of Boston, Marion Ellstrom and Country Bank for Savings, Defendants.

United States Bankruptcy Court, D. Massachusetts.

Decided June 10, 1991.


Attorney(s) appearing for the Case

Francis B. Fennessey, Charlton, Mass., for debtor/plaintiffs.

Mark Darling, Charlton, Mass., for Charlton Credit Union/defendant.

John Burdick, Worcester, Mass., for First Nat. Bank of Boston/defendant.

Craig T. Ornell, Worcester, Mass., for Marion Ellstrom/defendant.

Wayne LeBlanc, Worcester, Mass., for Country Bank for Sav./defendant.


OPINION

JAMES F. QUEENAN, Jr., Chief Judge.

Gary A. Loader and Nancy M. Loader (the "Debtors") own their residence subject to a mortgage held by Charlton Credit Union ("CCU"). Pursuant to 11 U.S.C. § 506(a) (1982), they seek by this complaint to bifurcate the CCU mortgage debt into a secured claim and an unsecured claim based upon the value of the mortgage interest. They also request, pursuant to § 506...

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