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IN RE FRAZER

BAP No. MT-06-1442-SPK, Bankruptcy No. 06-60704-13.

377 B.R. 621 (2007)

In re Dan J. FRAZER and Sandra J. Frazer, Debtors. Dan J. Frazer; Sandra J. Frazer, Appellants, v. Robert G. Drummond, Chapter 13 Trustee; Cheryl L. Britton, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed September 27, 2007.

Attorney(s) appearing for the Case

R. Clifton Caughron, Debt Relief Law, PLLC, Helena, MT, for Dan and Sandra Frazer.

James A. Patten, Patten, Peterman, Bekkedahl & Green, P.L.L.C., Billings, MT, for Cheryl L. Britton.

Robert G. Drummond, Great Falls, MT, pro se.

Before: SMITH, PERRIS and KLEIN, Bankruptcy Judges.

OPINION

SMITH, Bankruptcy Judge.

When debtors filed their chapter 13 case,2 they were in default on a contract for deed involving their principal residence. The bankruptcy court held that § 108(b) trumped § 1322 so that the debtors had only 60 days after the petition date in which to cure the default. The court further determined that the seller was entitled to terminate the debtors' equitable interest in the property...

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