- 11 U.S.C.
Griffey v. U.S. Bank (In re Griffey)
Dec
12
2005
Ruling
Court reversed an order dismissing the debtor's lawsuit against a creditor because the lien holder's unsecured claim could be modified by the debtor's chapter 13 plan.
Procedural posture
Plaintiffs, debtors, appealed an order of the bankruptcy court that denied their motion for reconsideration and entry of default. The debtors had brought a complaint against defendant creditor to "strip off" the creditor's second mortgage on their primary residence. Although the creditor did not respond, the bankruptcy court dismissed the complaint based on its interpretation of 11 U.S.C. § 1322(b)(2).
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