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IN RE GOMES

No. 02-14058.

298 B.R. 506 (2003)

In re John M. GOMES and Michelle R. Gomes, Debtors.

United States Bankruptcy Court, D. Rhode Island.

August 25, 2003.

Attorney(s) appearing for the Case

Marc V. Fleisig, Esq., Lincoln, RI, for Debtors.

Charles A. Lovell, Esq., Matthew Worthen, Esq., Partridge Snow & Hahn LLP, Providence, RI, for Creditor, Chase Manhattan Mortgage Corporation.

John Boyajian, Esq., Boyajian Harrington & Richardson, Providence, RI, Chapter 13 Trustee.

ORDER SUSTAINING DEBTORS' OBJECTION TO CLAIM

ARTHUR N. VOTOLATO, Bankruptcy Judge.

Heard on the Chapter 13 Debtors' objection to the claim of Chase Manhattan Mortgage Corporation ("Chase"). Chase, an oversecured creditor, is owed a pre-petition arrearage of $14,844 under its Note. At issue is what rate of interest should apply to Chase's pre-petition arrearage claim under the Plan — the contract rate of 8.5%, or some other rate? Upon consideration...

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