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IN RE McKINNEY

Bankruptcy No. 13-40987. Adversary No. 13-266.

501 B.R. 338 (2013)

In re Carl McKINNEY, Chapter 13, Debtor. Carl McKinney, Plaintiff, v. JP Morgan Chase Bank, Defendant.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

July 26, 2013.

Attorney(s) appearing for the Case

Charles L. Basch, II , Grosse Pointe Farms, MI, for Plaintiff.

John P. Kapitan , Farmington Hills, MI, for Defendant.

TRIAL OPINION

THOMAS J. TUCKER, Bankruptcy Judge.

I. Introduction

In this adversary proceeding, Plaintiff Carl McKinney ("Plaintiff), who is the Debtor in a pending Chapter 13 bankruptcy case, seeks a judgment determining that in his proposed Chapter 13 plan, he may treat as a wholly unsecured claim the claim of the Defendant JP Morgan Chase Bank ("Defendant"). Defendant's claim against Plaintiff is secured by a second mortgage on Plaintiffs home...

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