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IN RE SMITH

No. 99-41965.

259 B.R. 323 (2001)

In re Linda L. SMITH, Debtor.

United States Bankruptcy Court, S.D. Illinois.

March 6, 2001.

Attorney(s) appearing for the Case

Marilyn J. Washburn, Riezman Berger, P.C., St. Louis, MO, for Creditor-Objector.

Scott Hendricks, Hendricks and Hagan, Carbondale, IL, for Debtor.

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

The debtor in this case seeks to modify her confirmed Chapter 13 plan to surrender a vehicle securing the claim of General Motors Acceptance Corporation ("GMAC") and pay the deficiency following sale of the vehicle as an unsecured claim. GMAC objects, asserting that the proposed modification would reclassify its claim from secured to unsecured in violation 11 U.S.C. § 1329 governing post-confirmation modification...

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