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IN RE HAMILTON

BAP No. 08-046. Bankruptcy No. 07-15290-FJB.

401 B.R. 539 (2009)

Paul A. HAMILTON, Debtor. Paul A. Hamilton, Appellant, v. Wells Fargo Bank, N.A., Appellee.

United States Bankruptcy Appellate Panel of the First Circuit.

March 6, 2009.

Attorney(s) appearing for the Case

David G. Baker, Boston, MA, on brief for Appellant.

John S. McNicholas, on brief for Appellee.

Before CARLO, DEASY, and KORNREICH, United States Bankruptcy Appellate Panel Judges.

DEASY, Bankruptcy Judge.

Paul A. Hamilton (the "Debtor") appeals from the bankruptcy court order sustaining the objection of Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust ("Wells Fargo"), to his third amended chapter 13 plan (the "Order Sustaining Objection"). Because we conclude that the Debtor's plan provided for "periodic payments" and that 11 U.S.C. § 1325(a)(5)(B)(iii)(I) prohibits balloon payments on secured claims where the creditor...

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