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IN RE MANN

No. RI 99-059.

249 B.R. 831 (2000)

In re Billings MANN and Cheryl Mann, Debtors. Domestic Bank, Successor to Domestic Loan and Investment Bank, Appellant, v. Billings Mann and Cheryl Mann, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

June 30, 2000.

Attorney(s) appearing for the Case

Lisa A. Geremia and Geremia & DeMarco, Ltd., Providence, RI, on brief for Appellant.

Christopher M. Lefebvre, Pawtucket, RI, on brief for the Appellees.

Matthew J. McGowan, Providence, RI, on brief for BankBoston, N.A., amicus curiae.

John Rao, Providence, RI, on brief for the National Association of Consumer Bankruptcy Attorneys, amicus curiae.

Before QUEENAN, HAINES and BOROFF, U.S. Bankruptcy Judges.

BOROFF, Bankruptcy Judge.

Billings and Cheryl Mann (the "Debtors"), debtors in a bankruptcy case pending in the United States Bankruptcy Court for the District of Rhode Island, have two mortgage liens on their principal residence. The value of the residence is insufficient to cover the balance on the first mortgage. The Debtors' Chapter 13 plan treats the second mortgage as wholly unsecured and then voids or strips off1 that lien. The...

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