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IN RE McCONNELL

No. 03-6030MN.

303 B.R. 169 (2003)

In re Field McCONNELL, Allison McConnell, Debtors. Field McConnell, Allison McConnell, Debtors — Appellants, v. NWA Credit Union, Creditor — Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: December 30, 2003.

Attorney(s) appearing for the Case

David L. Johnson of Fargo, North Dakota, for appellant.

Michael T. Oberle, St. Paul, Minnesota, for appellee. Esther E. McGinnis, St. Paul, Minnesota, appeared on the brief.

Before SCHERMER, FEDERMAN, and VENTERS, Bankruptcy Judges.

VENTERS, Bankruptcy Judge.

This is an appeal from an order of the bankruptcy court1 dated May 30, 2003, denying confirmation of the Chapter 13 plan proposed by Field McConnell and Allison McConnell because it impermissibly modified the secured claim of NWA Credit Union. The bankruptcy court determined that the claim was protected against modification under 11 U.S.C. § 1322(b)(2) as a mortgage secured solely by the McConnells' principal...

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