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IN RE WHITE

Bankruptcy No. 89-12820 K.

169 B.R. 526 (1994)

In re Philip WHITE and Patricia White, Debtors.

United States Bankruptcy Court, W.D. New York.

June 27, 1994.

Attorney(s) appearing for the Case

Susan M. Hassinger, Buffalo, NY, for movant RB-3 Associates.

Joseph W. Rotella, UAW-GM Legal Services Plan, Cheektowaga, NY, for debtors.

DECISION AND ORDER SUSTAINING OBJECTION TO SECURED CLAIMS

MICHAEL J. KAPLAN, Chief Judge.

Introduction

There is authority from other Districts to the effect that if a Chapter 13 debtor agrees to pay the value of collateral (or, because of 11 U.S.C. § 1322(b)(2), the full amount of a mortgage claim) as a secured claim and then later endeavors to surrender the collateral after it has declined in value, and endeavors to re-classify...

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