IN RE REED

Bankruptcy No. 99-33023DAS. Adversary No. 00-130.

247 B.R. 618 (2000)

In re John R. REED, Debtor. John R. Reed, Plaintiff, v. Norwest Mortgage, Inc., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania, Philadelphia Division.

April 25, 2000.


Attorney(s) appearing for the Case

Thu B. Tran, Delaware County Legal, Assistance Assoc., Chester, for Debtor.

Stuart Winneg, Mark J. Udren & Assoc., Cherry Hill, NJ, for Defendant Norwest Mortgage, Inc.

Edward Sparkman, Phila., for Standing Chapter 13 Trustee.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

The instant Proceeding ("the Proceeding") presents the significant legal question of whether the presence of a clause in a mortgage expressly stating that funds escrowed by the Mortgagee for taxes and hazard insurance constitute a security interest in the Debtor-mortgagor's property excludes the Mortgagee's claim from the scope of 11 U.S.C. § 1322(b)(2). That Code section...

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