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IN RE MARTIN

Bankruptcy No. 2-94-01955.

176 B.R. 675 (1995)

In re Minnie Harrison MARTIN, Debtor.

United States Bankruptcy Court, D. Connecticut.

January 5, 1995.

Attorney(s) appearing for the Case

Raymond C. Bliss, Kantor, Mickelson and Meyers, P.C., East Hartford, CT, for Ulster Sav. Bank, movant.

Richard E. Greenspan, Hartford, CT, for Minnie Harrison Martin, debtor.

Gilbert L. Rosenbaum, Chapter 13 Trustee, Hartford, CT.

MEMORANDUM OF DECISION ON MOTION TO DISMISS CASE OR TO GRANT RELIEF FROM STAY AND OBJECTION TO CONFIRMATION OF PLAN

ROBERT L. KRECHEVSKY, Chief Judge.

I.

ISSUE

The dispositive question before the court is whether a prepetition default or violation of a due-on-sale mortgage clause can be "waived" through the confirmation of a Chapter 13 plan. The debtor contends that confirmation of her plan will override a mortgagee's right...

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