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IN RE WEGSCHEID

No. 0:03-bk-00926-RJH.

361 B.R. 144 (2007)

In re Darrell Joseph WEGSCHEID, Debtor.

United States Bankruptcy Court, D. Arizona.

January 29, 2007.

Attorney(s) appearing for the Case

Gregory A. Ring, Law Offices of Gregory A. Ring, Bullhead City, AZ, for Debtor.

Lance R. Broberg, for Irwin Home Equity.

OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

May a Chapter 13 plan provide for the avoidance of a wholly undersecured lien on a debtor's principal residence, and does the confirmation of the plan have res judicata effect if a creditor fails to object to the plan? This Court concludes that a lien on a debtor's principal residence may be avoided if there is zero equity in the property to secure the claim, and that a confirmed Chapter 13 plan is binding on...

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