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IN RE CRUZ

No. 98-13324/GMB.

253 B.R. 638 (2000)

In re Pedro CRUZ and Nereida Santiago, Debtors.

United States Bankruptcy Court, D. New Jersey.

October 13, 2000.

Attorney(s) appearing for the Case

Eric J. Clayman, Jenkins & Clayman, Haddon Heights, NJ, for Debtors.

Donna L. Wenzel, Office of Chapter 13 Standing Trustee, Cherry Hill, NJ, for Isabel Balboa, Chapter 13 Trustee.

MEMORANDUM OPINION:

GLORIA M. BURNS, Bankruptcy Judge.

Before the court is the debtors' application to modify their confirmed Chapter 13 plan to reduce the payments being made to the second mortgagee from $6,859.03 to zero by retroactively applying the Third Circuit's recent decision in In re McDonald, 205 F.3d 606 (3d Cir.2000) which held that a wholly unsecured mortgage on a Chapter 13 debtor's residence...

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