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IN RE DILTS

Bankruptcy No. 87-2336PGH, Adv. No. 87-432.

100 B.R. 759 (1989)

In re Arthur B. DILTS, M. Joan Dilts d/b/a Dilts Electric Company, Debtor.

United States Bankruptcy Court, W.D. Pennsylvania.

May 31, 1989.

Attorney(s) appearing for the Case

Gary W. Short, Pittsburgh, Pa., for debtors.

Howard K. Hilner, Pittsburgh, Pa., for Mellon Bank.

William Weiler, Pittsburgh, Pa., for IRS.

Allen L. Palmer, New Castle, Pa., for Designore Elec. Supply Co.

OPINION

WARREN W. BENTZ, Bankruptcy Judge.

Issue

The question presented is whether the debtors may, under 11 U.S.C. §§ 1123 and 1129(b), modify a first mortgage lien on the debtors' residence1 in a Chapter 11 plan, when a junior second mortgage on the same property is treated as a separate class and remains unimpaired under the plan.

Facts

The debtors, Arthur B. Dilts and M...

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