- 11 U.S.C.
In re Zaldivar
Jan
25
2011
Ruling
Loan debt could be crammed down despite debtor's partial use of property as principal residence where rider to mortgage deleted owner-occupancy requirement.
Procedural posture
A Chapter 13 debtor filed a motion to value her property. The court invited briefing on the issue of whether the motion sought to modify the rights of holders of a claim secured only by a security interest in real property that was the debtor's principal residence because if so, the requested relief was prohibited by 11 U.S.C.S. § 1322(b)(2).
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Court
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