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Benafel v. One West Bank (In re Benafel)

Number: 
0212-096
Decided: 
December 9th, 2011
Filing type: 
Ruling:
Date for determining if a property is primary residence for cramdown purposes is loan transaction date not petition date.
Overview:
The debtor's home was secured by a deed of trust. She left her home to care for her ill mother. At the time of the filing of the chapter 13 petition, she was renting the property. The debtor proposed to pay the lender a monthly amount based on the...
Court:  9th Circuit (Pappas)
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