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ONeill v. Wells Fargo Bank N.A. (In re ONeill)

ONeill v. Wells Fargo Bank N.A. (In re ONeill)

Ruling
Debt secured by property in which there was equity above priority claims could not be treated as unsecured.
Procedural posture

Chapter 13 debtors sought a determination that the mortgage of a creditor in certain real property owned by debtors did not constitute an allowed secured claim under the definition provided by 11 U.S.C.S. § 506(a) and was therefore not within the provisions of 11 U.S.C.S. § 1322(b)(2).

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Consumer opinion summary, case decided on February 03, 2012 , LexisNexis #0212-134