- 11 U.S.C.
In re Miller
May
14
2010
Ruling
Confirmation order revoked due to improper service upon second mortgagee whose mortgage debtor sought to cram down.
Procedural posture
The chapter 13 debtors brought an adversary proceeding against creditor, the second mortgagee on their residence, seeking to modify and cram down the part of the mortgage that exceeded the appraised value of the residence. The second mortgagee sought reconsideration of the modification order and dismissal of the adversary complaint, arguing it had not been properly served under Fed. R. Bankr. P. 7004(h).
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Court
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