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IN RE IVES

No. 01-01224-BHC-RJHB.

289 B.R. 726 (2003)

In re Sandra L. IVES, Debtor.

United States Bankruptcy Court, D. Arizona.

February 18, 2003.

Attorney(s) appearing for the Case

Gregory A. Ring, Esq., Bullhead City, AZ, for Debtor.

Scott A. Lieske, Esq., Phoenix, AZ, for Russell Brown, Trustee.

Leonard J. McDonald, Jr., Esq., Tiffany & Bosco, P.A., Phoenix, AZ, for Irwin Home Equity.

OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

May a Chapter 13 reorganization plan provide for modification of a partially-secured primary residence mortgage based on the value of the home, if the mortgagee fails to object prior to the deadline for objections? This Court concludes such a provision is improper regardless of the untimeliness of the creditor's objection, provided that the objection is raised prior to confirmation of the plan.

Factual...

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