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IN RE PORTER

Nos. 07-10370, 07-10449.

382 B.R. 29 (2008)

In re Carol PORTER, Debtor. In re Joseph Harbeson and Amanda Harbeson, Debtors.

United States Bankruptcy Court, D. Vermont.

February 8, 2008.

Attorney(s) appearing for the Case

Michelle Kainen, Kainen Law Office, White River Jct., VT, for Debtors Carol Porter, Joseph & Amanda Harbeson.

Jan Sensenich, White River Jet., VT, Chapter 13 Trustee, for Trustee Pro Se.

Tavian M. Mayer, Mayer & Mayer, South Royalton, VT, for Creditor Bank of the West.

Martin A. Mooney, Deily, Mooney & Glastetter, Albany, NY, for Creditor DCFS Trust.

Memorandum of Decision

SUSTAINING CREDITORS' OBJECTIONS TO CONFIRMATION AND STRIKING CERTAIN LANGUAGE FROM PLANS

COLLEEN A. BROWN, Bankruptcy Judge.

In each of these cases, the Debtors' plans contain a provision that purports to preserve a broad range of not-yet-ripe federal and state statutory and common law causes of action against unidentified parties. In both cases, the language of the provision is identical and a creditor has objected...

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