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IN RE GERMAN

No. 00-72636.

258 B.R. 468 (2001)

In re Richard E. GERMAN, d/b/a R & S Car Care, Mackie S. German, Debtors.

United States Bankruptcy Court, E.D. Oklahoma.

February 8, 2001.

Attorney(s) appearing for the Case

J. Ron Wright, Muskogee, OK, for debtors.

Cheryl Triplett, Assistant U.S. Attorney, Muskogee, OK, for Dept. of Housing and Urban Development.

OPINION

TOM R. CORNISH, Bankruptcy Judge.

The issue before the Court is whether a wholly unsecured second mortgage is subject to the antimodification clause set forth in 11 U.S.C. § 1322(b)(2). The Court finds that it is not.

The parties submitted this case to the Court on Stipulations. The Debtors' principal residence is encumbered by two mortgages. The first mortgage is in favor of Rural Enterprise, Inc. ("REI") and the second mortgage...

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