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IN RE WETHERBEE

Bankruptcy Nos. 93-564-JEY, 92-3732-JEY.

164 B.R. 212 (1994)

In re Catherine WETHERBEE, Debtor. In re John G. CHAMBERS, II, Debtor.

United States Bankruptcy Court, D. New Hampshire.

January 14, 1994.

Attorney(s) appearing for the Case

Bruce E. Barron, Salem, NH, for debtors.

James H. Eaton, III, Eaton and Chandler, Lawrence, MA, for First Essex Sav. Bank.

Bernard H. Campbell, Beaumont, Mason & Campbell, Salem, NH, for Shawmut Bank, N.A.

Lawrence P. Sumski, Amherst, NH, Trustee.

Gerri Karonis, Manchester, NH, for U.S. Trustee.

MEMORANDUM OPINION

JAMES E. YACOS, Bankruptcy Judge.

The issue in these cases is whether 11 U.S.C. § 1322(b) prevents the debtor from modifying the rights of a secured lender who holds a mortgage on a house which was, at the time the loan was granted, the debtor's primary residence but, at the time of the bankruptcy filing, was no longer the debtor's homestead. The issue has arisen in both cases in the context of confirmation of the Debtor's Chapter...

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