In re Grant
Jan
26
2010
Ruling
Debtor could not seek to strip lien as wholly unsecured while also claiming it as secured in deducting payments contractually due.
Procedural posture
A chapter 13 trustee objected to confirmation of a plan in which the debtor claimed a junior lien to be wholly unsecured for lien stripping purposes under 11 U.S.C.S. § 1322(b) while also claiming it as a secured debt for purposes of deducting payments contractually due under 11 U.S.C.S. § 707.
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Court
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