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Hernandez-Torres v. Charter One Bank (In re Hernandez-Torres)

Hernandez-Torres v. Charter One Bank (In re Hernandez-Torres)

Ruling
Debtor could strip off lien that exceeded value of residential property.
Procedural posture

Plaintiff chapter 13 debtors filed a complaint pursuant to 11 U.S.C.S. § 506(a) and (d) and Fed. R. Bankr. P. 3012 and 7001(2) against defendant bank, seeking to determine the value of the bank's interest in the debtors' residential real estate and to determine the status of the bank's claim.

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Consumer opinion summary, case decided on August 13, 2012 , LexisNexis #0912-029