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THISSEN v. JOHNSON

No. CV F 09-0376 LJO.

406 B.R. 888 (2009)

Gisele THISSEN and Bryan Thissen, Appellants, v. MD JOHNSON, U.S. Bankruptcy Trustee Fresno and Michael H. Meyer, Appellees.

United States District Court, E.D. California.

May 26, 2009.

Attorney(s) appearing for the Case

Gabriel John Waddell, Peter Lorne Fear, Law Offices of Peter L. Fear, Fresno, CA, for Appellants.

Michael H. Meyer, Fresno, CA, pro se.

DECISION ON BANKRUPTCY APPEAL

LAWRENCE J. O'NEILL, District Judge.

INTRODUCTION

Through this appeal of an interlocutory order to deny confirmation of a Chapter 13 plan, appellants present the following issue: Are the payments on a junior deed of trust "amounts scheduled as contractually due to secured creditors" when a Chapter 13 plan proposes to treat the junior deed of trust as an unsecured...

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