- 11 U.S.C.
Congrove v. North Hancock Bank & Trust Co. (In re Congrove)
Jan
07
2013
Ruling
Anti-modification provision was not applicable to property that was not debtor's primary residence.
Procedural posture
Adversary plaintiffs, chapter 13 debtors, proposed to bifurcate the claim of creditor, the mortgagee on their real property and manufactured home, into a secured claim in the amount of $50,000 and an unsecured claim in the amount of $47,349. Debtors requested the court to determine the extent and value of creditor's lien in accordance with 11 U.S.C.S. § 506. Creditor moved for summary judgment.
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Court
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