Spry v. Great Western Bank (In re Spry)
Jun
29
2011
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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Court
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