- 11 U.S.C.
Didlake v. Wachovia Bank (In re Didlake)
Jun
29
2011
Ruling
Credit line deed of trust secured solely by debtor's principal residence could not be modified by plan.
Procedural posture
Chapter 13 debtors filed a complaint against defendant creditor pursuant to 11 U.S.C.S. § 506(a) seeking to determine the value of the creditor's secured interest in property owned by the debtors. The creditor failed to respond to a summons and notice of pre-trial conference and was in default, but the court exercised its discretion not to enter a default judgment.
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Court
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