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IN RE BLACK

Bankruptcy No. 00-42539M. Adversary No. 00-4103.

260 B.R. 134 (2001)

In re Harold and Kathryn BLACK, Debtors. Harold Black and Kathryn Black, Plaintiffs, v. Conseco Finance Servicing Corp., Defendant.

United States Bankruptcy Court, E.D. Arkansas, Western Division.

March 27, 2001.

Attorney(s) appearing for the Case

Stephen Bennett, Sherwood, AR, for debtors/plaintiff.

Kimberly Burnette, Little Rock, AR, for defendant.

MEMORANDUM OPINION

JAMES G. MIXON, Chief Judge.

The issue before the Court is whether Harold and Kathryn Black ("Debtors") may treat a claim of Conseco Finance Servicing Corporation ("Conseco") as unsecured or whether the claim is entitled to anti-modification protection pursuant to § 1322(b)(2) of the United States Bankruptcy Code. The Debtors have filed an objection to the claim of Conseco and a complaint to determine the validity, priority...

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