Kain v. Beneficial South Carolina Inc. (In re Kain)
Sep
02
2011
Ruling
Mortgage could not be treated as unsecured as it was treated as secured by confirmed plan.
Procedural posture
Debtors filed a complaint asking the court: (1) to find, under 11 U.S.C.S. § 506(d), that defendant creditor had no secured interest in certain property; (2) to order the creditor to cancel a mortgage upon entry of a discharge order; (3) to order the chapter 13 trustee to treat the creditor's claim as unsecured; and (4) for attorney's fees. An entry of default was recorded against the creditor. The debtors moved for a default judgment.
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Court
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