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IN RE JOHNS

No. 94-1437.

37 F.3d 1021 (1994)

In re Lillie M. JOHNS. Lillie M. JOHNS v. ROUSSEAU MORTGAGE CORPORATION; Commonwealth Eastern Mortgage Corporation; Commonwealth Mortgage Corporation of America; Delaware County Regional Water Control; Delaware County Regional Water Control Authority; Pennsylvania Home Remodeling Company; Redevelopment Authority of Chester; Department of Public Welfare Rousseau Mortgage Corporation, Appellant.

United States Court of Appeals, Third Circuit.

October 20, 1994.

Attorney(s) appearing for the Case

Lawrence T. Phelan, Peter C. Cilio, Federman & Phelan, Philadelphia, PA, for appellant.

Lawrence R. Rudderham, Kirifides & Rudderham, Chester, PA, for appellee.

Before BECKER, COWEN and GARTH, Circuit Judges.

Submitted Under Third Circuit LAR 34.1(a) September 22, 1994.

OPINION OF THE COURT

GARTH, Circuit Judge:

This appeal presents us with two issues. First, whether a debtor in a chapter 13 bankruptcy may modify the rights of an undersecured mortgage lender under 11 U.S.C. § 1322(b)(2) and 11 U.S.C. § 506(a) when the mortgage is secured by both real and personal property. Second, whether a pre-petition...

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