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IN RE HURD

No. 12-13377 B.

494 B.R. 189 (2013)

In re Michele L. HURD, Debtor.

United States Bankruptcy Court, W.D. New York.

May 22, 2013.

Attorney(s) appearing for the Case

Michael A. Weishaar, Esq., Buffalo, NY, for Debtor.

Mary B. Ilardo, Esq., Orchard Park, NY, for Creditor Eunice A. Mooradian.

Albert J. Mogavero, Esq., Buffalo, NY, Chapter 13 Trustee.

CARL L. BUCKI, Chief Judge.

In this Chapter 13 proceeding, the issue is whether section 1325(a)(5) of the Bankruptcy Code allows the court to overrule a mortgagee's objection to a plan that proposes to divide the collateral into two parcels: one to be abandoned and the other to be retained on condition of payment of a portion of the secured indebtedness.

Michele Hurd, the debtor herein, operates a tanning salon on property that she and Thomas Hurd, her ex...

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