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IN RE DUNLAP

Bankruptcy Nos. 391-09805, 391-10113, ADV. No. 391-0564A.

143 B.R. 859 (1992)

In re Alice L. DUNLAP, James and Catherine Mitchell, Debtors. Alice L. DUNLAP, James and Catherine Mitchell, Plaintiffs, v. CASH AMERICA PAWN OF NASHVILLE, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

August 20, 1992.

Attorney(s) appearing for the Case

Thomas C. Nance, Nashville, Tenn., for Alice L. Dunlap and James and Catherine Mitchell.

Anita L. Whisnant, Trabue, Sturdivant & DeWitt, Nashville, Tenn., for Cash America Pawn of Nashville.

MEMORANDUM

KEITH M. LUNDIN, Bankruptcy Judge.

Two issues are presented: (1) until what point in the deterioration of the relationship between a borrower and a Tennessee pawnbroker may a Chapter 13 debtor use § 1322(b)(2), (3) or (4) to modify, waive or cure defaults with respect to the pawnbroker's secured claim; and (2) may a Chapter 13 debtor use 11 U.S.C. § 542 to recover possession of property that has been pawned. In this circuit, Federal...

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