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IN RE BRAKER

BAP No. OR-90-1193-OMeR, Bankruptcy No. 389-34593-H13.

125 B.R. 798 (1991)

In re Timothy Owen BRAKER and Ginger Kay Braker, Debtors. STATE OF OREGON, DEPARTMENT OF VETERANS' AFFAIRS, Appellant, v. Timothy Owen BRAKER and Ginger Kay Braker, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided April 11, 1991.

Attorney(s) appearing for the Case

Daniel Rosenhouse, Portland, Or., for appellant.

Eric Olson, Salem, Or., Robert Meyers, Portland, Or., for appellees.

Before: OLLASON, MEYERS, and RUSSELL, Bankruptcy Judges.

OPINION

OLLASON, Bankruptcy Judge:

The Department of Veterans' Affairs ("DVA") objected to a Chapter 13 plan that proposed to cure a defaulted mortgage after a foreclosure sale. The bankruptcy court confirmed the plan and the DVA appealed. We reverse.

FACTS

The DVA held a mortgage on debtors' home and debtors defaulted. A decree of foreclosure was thereafter entered in Oregon state court on July 26, 1989, and a writ of execution followed...

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