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HINGISS v. MMCC FINANCIAL CORP.

No. 11-C-0087.

463 B.R. 877 (2011)

Amy and Joshua HINGISS, Debtors-Appellants, v. MMCC FINANCIAL CORP., Creditor-Appellee.

United States District Court, E.D. Wisconsin.

June 20, 2011.

Attorney(s) appearing for the Case

Anton B. Nickolai , Nathan E. Deladurantey , Deladurantey Law Office LLC, Milwaukee, WI, for Debtors-Appellants.

William C. Yellin , Yellin Law Offices, Waukesha, WI, for Creditor-Appellee.

OPINION

LYNN ADELMAN, District Judge.

This is an appeal from the bankruptcy court's order sustaining the objection of MMCC Financial Corporation to the confirmation of Amy and Joshua Hingiss's Chapter 13 plan. The issue presented is whether the 910-day period in the "hanging paragraph" of 11 U.S.C. § 1325(a) is a statute of limitations subject to equitable tolling.

I. BACKGROUND

On June 1, 2007, debtors Amy and Joshua Hingiss...

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