- 11 U.S.C.
Rozinski v. ANB Bank (In re Rozinski)
Feb
12
2013
Ruling
Bank's lien could be avoided where debtor met burden of proving residence was worth less than amount owed.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their debts which modified the value of their residence and treated a debt they owed a bank on a home equity line of credit as unsecured. The debtors filed a motion which asked the court to determine the value of their residence pursuant to 11 U.S.C.S. § 506(a), to find that a claim the bank filed against their bankruptcy estate was unsecured.
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Court
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