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IN RE SCHAYES

No. 2:11-bk-20775-RJH.

483 B.R. 209 (2012)

In re Daniel Leslie SCHAYES and Wendy Lucero Schayes, Debtors.

United States Bankruptcy Court, D. Arizona.

December 4, 2012.

Attorney(s) appearing for the Case

Cathy L. Reece, Phoenix, AZ, for Debtors.

OPINION RE PRINCIPAL RESIDENCE AND APPLICATION OF § 1123(b)(5)

RANDOLPH J. HAINES, Bankruptcy Judge.

The issue here is whether the only home in which the Debtors resided pre-petition, and in which they have continued to reside post-petition, qualifies as their "principal residence" for purposes of 11 U.S.C. § 1123(b)(5).1 The Debtors maintain it does not qualify as their principal residence because they bought the property...

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