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IN RE COOK

No. 09-36729/JHW.

432 B.R. 519 (2010)

In the Matter of Jeremiah Joseph COOK, Jr., Debtor.

United States Bankruptcy Court, D. New Jersey.

July 14, 2010.

Attorney(s) appearing for the Case

Neil I. Sternstein, Esq., Woodbury, NJ, for Debtor.

Ray A. LeBron, Esq., Fein, Such, Kahn & Shepard, P.C., Parsippany, NJ, for Indymac Bank, FSB.

AMENDED OPINION

JUDITH H. WIZMUR, Chief Bankruptcy Judge.

Before the court for resolution is a motion by the Chapter 7 debtor seeking to reclassify a wholly unsecured second mortgage on his principal residence from a secured claim to an unsecured claim pursuant to 11 U.S.C. §§ 506(a) and 506(d). Citing to the United States Supreme Court's decision in Nobelman and the Third Circuit's opinion in McDonald, the debtor contends that in...

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