IN RE HORNES

Bankruptcy No. 92-53130, Document No. 13.

160 B.R. 709 (1993)

In re Joseph W. HORNES and Janet W. Hornes, Debtors.

United States Bankruptcy Court, D. Connecticut.

November 16, 1993.


Attorney(s) appearing for the Case

Ira B. Charmoy, Charmoy & Nugent, Bridgeport, CT, for debtor/movant.

Peter L. Ressler, Groob, Ressler & Mulqueen, P.C., New Haven, CT, for respondent Avco.


MEMORANDUM AND ORDER

ALAN H.W. SHIFF, Bankruptcy Judge.

On June 1, 1993, the Supreme Court held that § 1322(b)(2) precludes a chapter 13 plan from treating a portion of an undersecured creditor's claim as unsecured, where the sole security for the claim is the debtor's principal residence. Nobelman v. Am. Sav. Bank, ___ U.S. ___, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993). Although that decision was widely anticipated for its resolution of...

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