In re Scantling
Feb
24
2012
Ruling
Eligibility for discharge is not a prerequisite to stripping off wholly unsecured junior lien.
Procedural posture
Chapter 13 debtor, who was ineligible for a discharge because she had previously received a discharge of her debts in a chapter 7 case filed within four years of her chapter 13 filing, sought to strip off a wholly unsecured junior mortgages encumbering her principal residence. The creditor second mortgagee objected.
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Court
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