In re Duke (10-31390)

The debtor's proposed Chapter 13 plan contained "special provisions" which imposed affirmation duties with respect to payments received by and reporting requirements of the creditor holding the security deed on the debtor's residence. The creditor objected to confirmation of the plan contending that the "special provisions" violated the antimodification provision of 11 U.S.C. ยง 1322(b)(2). The court agreed and disapproved all but one of the "special provisions."

Friday, March 11, 2011