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Spry v. Great Western Bank (In re Spry)

Spry v. Great Western Bank (In re Spry)

Ruling
Debtors could strip off wholly unsecured junior lien which would not be avoided until completion of chapter 13 plan.
Procedural posture

Plaintiff Chapter 13 debtor filed adversary proceedings to avoid two junior liens held by defendant creditor on his real property pursuant to 11 U.S.C.S. § 506(d). The debtor filed motions for summary judgment pursuant to Fed. R. Civ. P. 56 and Fed. R. Bankr. P. 7056.

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Consumer opinion summary, case decided on June 29, 2011 , LexisNexis #0811-046