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In re Oma Bronc May and Dale S. May

Bankr. No.: 
95-40397
Chapter: 
13
Date of Decision: 
March 22, 1996
Issue: 
Whether Chapter 13 debtor must pay value of creditor's secured interest in exempt property when determining plan treatment under § 1325(a)(5)?
Ruling: 
Value of secured property for purpose of plan treatment under § 1325(a)(5) includes property of the estate on the petition date, although the valuation is made at the time of confirmation. Exempt property is property of the estate on the petition date so exempt property may be included in the value of a secured claim for plan treatment.
Full Bankruptcy Court Decision: