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In re Mendoza

In re Mendoza

Ruling
Chapter 13 debtors who were not entitled to discharge could not avoid unsecured second mortgage.
Procedural posture

Debtors filed for chapter 13 bankruptcy, and an order of ineligibility for discharge was entered pursuant to 11 U.S.C.S. § 1328(f)(1). The debtors filed a motion to determine secured status pursuant to 11 U.S.C.S. § 506. The trustee objected to confirmation of the debtors' proposed chapter 13 plan.

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Consumer opinion summary, case decided on January 21, 2010 , LexisNexis #0610-006