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IN RE HARASCHAK

Bankruptcy No. 5-93-01579.

169 B.R. 325 (1994)

In re Emil J. HARASCHAK, Debtor. PEOPLES FIRST NATIONAL BANK and Trust Company, Hazleton, PA, now by merger, First Eastern Bank, N.A., Movant, v. Emil J. HARASCHAK, Respondent.

United States Bankruptcy Court, M.D. Pennsylvania, Wilkes-Barre Division.

June 29, 1994.

Attorney(s) appearing for the Case

David J. Harris, Wilkes-Barre, PA, for debtor.

Gordon L. Bigelow, Conyngham, PA, for movant.

Charles DeHart, III, Chapter 13 Trustee, Hummelstown, PA.

OPINION AND ORDER

JOHN J. THOMAS, Bankruptcy Judge.

Peoples First National Bank and Trust Company, Hazleton, PA, now by merger, First Eastern Bank, N.A. (hereinafter "Bank"), has filed an objection to the First Amended Chapter 13 Plan of Emil J. Haraschak (hereinafter "Debtor"), alleging three (3) grounds as follows: (1) Section 1322(b)(2) of the Bankruptcy Code (antimodification provision) prevents the Bank's secured claim from being stripped down...

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