IN RE LILLY

No. 07-80008.

378 B.R. 232 (2007)

In re Darla LILLY, Debtor.

United States Bankruptcy Court, C.D. Illinois.

October 30, 2007.


Attorney(s) appearing for the Case

Spencer Lee Daniels, Peoria, IL, for Debtor.

David J. Frankel, Sorman & Frankel, Ltd., Chicago, IL, Katherine S. Gorman Hubler, Peoria, IL, Alice Whitten, Arlington, TX, for Creditor.


OPINION

THOMAS L. PERKINS, Chief Judge.

This matter is before the Court on the objection of Americredit Financial Services, Inc., (AFS) to confirmation of the Amended Chapter 13 Plan proposed by the Debtor, Darla Lilly (DEBTOR). The issue is whether the lien retention provision added by BAPCPA to Section 1325(a)(5)(B)(i) prevents a Chapter 13 debtor who is not entitled to a discharge from modifying the interest rate on a secured claim and, if permitted...

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