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IN RE WIMMER

Case No. 13-37533 (cgm).

512 B.R. 498 (2014)

IN RE: Klaus and Linda WIMMER, Debtor(s).

United States Bankruptcy Court, S.D. New York.

Signed June 30, 2014.

Attorney(s) appearing for the Case

Brian McCaffrey, Esq. , Brian McCaffrey Attorney At Law, P.C., 88-18 Sutphin Blvd, 1st Floor, Jamaica, NY 11435, Attorney for Debtors.

James J. Rufo, Esq. , McCabe, Weisberg & Conway P.C., 145 Huguenot Street, Suite 210, New Rochelle, NY 10801, Attorney for One West Bank, FSB.

Chapter 13

MEMORANDUM DECISION DENYING CONFIRMATION AND DISMISSING CASE

CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE

Chapter 13 Debtors filed a motion to avoid liens, heard in conjunction with confirmation of the Debtors' chapter 13 plan, that sought to bifurcate and cram down a first mortgage while avoiding a wholly unsecured second mortgage. Debtors proposed to pay the contractual rate of interest rather than the rate of interest prescribed...

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