In re Dendy
Apr
21
2008
Ruling
Mortgage for which there was no equity that creditor failed to release was void.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code, a plan was confirmed, the debtors made their payments, and the debtors received a discharge. The debtors filed a motion for sanctions against a creditor and an assignee claiming that they had violated the discharge injunction by failing to release a second mortgage on the debtors' residence.
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Court
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