IN RE DAILEY

No. 02-70737.

289 B.R. 707 (2003)

In Re John C. DAILEY and Patricia A. Dailey, Debtors.

United States Bankruptcy Court, C.D. Illinois.

March 13, 2003.


Attorney(s) appearing for the Case

Francis J. Giganti, Springfield, IL, for Debtors.

Wesley T. Kozeny, Creve Coeur, MO, for Commercial Federal Bank.


OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether the Debtors' proposed Chapter 11 Plan impermissibly modifies an undersecured home mortgage in violation of Section 1123(b)(5) of the Bankruptcy Code.

The material facts are not in dispute. John C. Dailey is a sixty-two year-old doctor practicing in Jacksonville, Illinois. His specialty is ear, nose, and throat. He earns over $400,000 a year. His wife, Patricia A. Dailey...

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