Jamie Allen Westfall and Angela Ann Westfall

OCR transcription for search; preserved printed pages are authoritative

UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO

EASTERN DIVISION
IN RE: ) CHAPTER 13
)
JAMIE ALLEN WESTFALL AND ) CASE NO. 06-60297
ANGELA ANN WESTFALL, )
) JUDGE RUSS KENDIG
Debtors.
) ORDER ON OBJECTIONS
) TOCONFIRMATION
)
)

Two objections to confirmation of debtors’ fourth amended plan are before the court,
one filed by WFS Financial, Inc. and one filed by Nuvell Credit Corporation. The issue is
whether the “hanging paragraph” in 11 U.S.C. § 1325 provides protection against bifurcation
of creditors’ secured claims. Both creditors and the Chapter 13 trustee submitted briefs in|
support of their positions on the objections.

In the corresponding Memorandum of Opinion, the court raised an issue which has
not been addressed by the parties. In accordance with the Memorandum of Opinion, parties
are hereby given until April 30, 2007 to submit briefs on the question presented by the court.
In the absence of further briefing, the court will enter an order overruling the objections to
confirmation.

It is so ordered.

/s/ Russ Kendig
Judge Russ Kendig MAR 30 2007

U.S. Bankruptcy Judge

Service List:

Theodore A. Konstantinopoulos
Lindsey Hall

Javitch, Block & Rathbone
1300 East Ninth St., 14" Floor
Cleveland, OH 44114-1503

Charles C. Butler

Bish, Butler & Thompson, Ltd.
1210 West High St.

Bryan, OH 43506

James F. Ciccolini
209 S. Broadway St.
Medina, OH 44256

Jamie Allen Westfall
Angela Ann Westfall
605 Township Road 150
Sullivan, OH 44880

Toby L. Rosen

Charter One Bank Building, 4° Floor
400 W. Tuscarawas St.

Canton, OH 44702