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IN RE SURMA

Case No.: 11-37991 (MBK)

504 B.R. 770 (2014)

IN RE: Jacob P. SURMA, Jr., Debtor.

United States Bankruptcy Court, D. New Jersey.

Filed February 4, 2014.

Attorney(s) appearing for the Case

David E. Shaver, Esq. , Broege, Neumann, Fisher, & Shaver, LLC, 25 Abe Voorhees Drive, Manasquan, NJ 08736, Attorney for Jacob P. Surma, Jr.

Jeffrey M. Sponder, Esq. , Office of the U.S. Trustee, One Newark Center, Newark, New Jersey 07102, Attorney for the Office of the U.S. Trustee.

William M.E. Powers, III, Esq. , Powers Kirn, LLC., 728 Marne Highway, Moorestown, NJ 08057, Attorney for Sun Trust Mortgage, Inc.

Chapter 11

OPINION

MICHAEL B. KAPLAN, U.S.B.J.

I. INTRODUCTION

This matter comes before the Court by way of SunTrust Mortgage, Inc.'s ("SunTrust") objection to Jacob P. Surma's ("Surma" or "Debtor") First Modified Chapter 11 Plan ("Plan") and Disclosure Statement. The issue before the Court is how, if at all, the rents assigned by the Debtor under a pre-petition absolute assignment of rents to SunTrust may be used pursuant to a proposed...

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