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IN RE ETCHIN

Bankruptcy Nos. MM13-90-01960, MM13-90-01672, Adv. No. 90-0204-13.

128 B.R. 662 (1991)

In re Joseph S. ETCHIN, and Juanita J. Etchin, Debtors. Joseph S. and Juanita J. ETCHIN, Plaintiffs, v. STAR SERVICES, INC., et al., Defendants.

United States Bankruptcy Court, W.D. Wisconsin.

June 20, 1991.

Attorney(s) appearing for the Case

Kenneth J. Doran, Kassner Law Offices, Middleton, Wis., for plaintiffs.

Jay J. Pitner, Gray & End, Milwaukee, Wis., for defendants.

MEMORANDUM DECISION AND ORDER:

ROBERT D. MARTIN, Chief Judge.

Does § 1322(b)(2) of the Bankruptcy Code prohibit debtors from using Chapter 13 to reduce the balance due under their home mortgage to the fair market value of the mortgaged home? If debtors were permitted to do so, the mortgagee's lien would be "stripped down" to the value of the house at the time the case was filed. Also, upon completion of the payments required under their Chapter 13 plan...

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