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IN RE HOBDY

BAP No. CC-90-1115-VPJ, Bankruptcy No. LAX 87-55968-SB.

130 B.R. 318 (1991)

In re Waymon HOBDY, Debtor. FIREMAN'S FUND MORTGAGE CORPORATION, f/k/a Manufacturers Hanover Mortgage Corporation, Appellant, v. Waymon HOBDY, Nancy Curry, Chapter 13 Trustee, Appellees.

United States Bankruptcy Appellate Panel, Ninth Circuit.

Submitted April 15, 1991.

Decided August 23, 1991.

Attorney(s) appearing for the Case

Billie L. Crowe, U.S. Justice Dept., Washington, D.C., for I.R.S., a creditor.

Harry A. Engberg, Sioux Falls, S.D., for debtor Dakota Industries, Inc.

Before VOLINN, PERRIS, and JONES, Bankruptcy Judges.

VOLINN, Bankruptcy Judge:

OVERVIEW

Secured creditor Fireman's Fund Mortgage Corporation ("FFMC") appeals an order denying its motion for allowance of claim as filed against debtor Waymon Hobdy ("Hobdy"). The bankruptcy court ruled that FFMC's motion was an inappropriate means for contesting a provision relating to the claim in a confirmed Chapter 13 plan.1 We REVERSE.

FACTS AND PROCEEDINGS BELOW

Hobdy filed...

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