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IN RE VILLANUEVA

BAP No. CC-01-1500-BKMa. Bankruptcy No. LA 01-23088-KM.

274 B.R. 836 (2002)

In re Pepito E. VILLANUEVA, Debtor. Pepito E. Villanueva, Appellant, v. Edwina E. Dowell, Chapter 13 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed February 26, 2002.

Attorney(s) appearing for the Case

Al Schuchman, Schuchman & Funada, Torrance, CA, for Pepito E. Villanueva.

Before BRANDT, KLEIN, and MARLAR, Bankruptcy Judges.

OPINION

BRANDT, Bankruptcy Judge.

Debtor filed a 60-month chapter 131 plan paying 50% to unsecured creditors. In response to the chapter 13 trustee's objection, debtor surrendered jewelry securing $7,000 that was to have been paid through the plan, and proposed a 36-month plan eliminating payment on that debt and paying 19% to unsecured creditors. At the confirmation hearing debtor argued that, without the secured claim for the...

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