- 11 U.S.C.
In re Miller
Dec
15
2011
Ruling
Ineligibility for discharge did not deprive debtors of ability to modify unsecured second mortgages.
Procedural posture
Debtors filed separate petitions under chapter 13 of the Bankruptcy Code and proposed bankruptcy plans that stripped off wholly unsecured second mortgage liens which a bank held on each debtor's residence. The court consolidated the cases to hear a bankruptcy trustee's argument that the debtors could not strip off the second mortgages under their chapter 13 plans because they were not eligible to receive a discharge.
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Court
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