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DeSARNO v. COUNTY OF ALLEGHENY

Bankruptcy No. 93-22234 JLC.

169 B.R. 329 (1994)

In re Samuel and Alice DeSARNO, Debtors/Movants, v. COUNTY OF ALLEGHENY, Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

May 13, 1994.

Attorney(s) appearing for the Case

Gary J. Gaertner, Pittsburgh, PA, Chapter 13 Trustee.

Daniel J. Gates, Pittsburgh, PA, for debtors.

Michael G. McCabe, Pittsburgh, PA, for Allegheny County and Penn Hills.

MEMORANDUM OPINION

JOSEPH L. COSETTI, Bankruptcy Judge.

The issue before the court is whether a Chapter 13 debtor can modify the postpetition interest rate claimed by an oversecured statutory lien creditor without violating 11 U.S.C. §§ 1322(b)(2), 1325(a)(5)(B)(ii) and 506(b). After careful consideration, the issue is determined in the affirmative.

I. FACTS

Samuel and Alice DeSarno ("Debtors") defaulted...

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