Charlick v. Community Credit Union (In re Charlick)
Mar
04
2011
Ruling
Debtor could not seek to strip prior junior lien via postconfirmation plan modification.
Procedural posture
Plaintiff Chapter 13 debtors filed a post-confirmation complaint against defendant junior lienholder seeking a ruling that a senior mortgagee's claim exceeded the value of their residence and thus, that they could "strip" the junior lien. The debtors also filed a related plan modification, seeking to effectuate the lien strip. Both parties filed motions for summary judgment.
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Court
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