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In re Hoffman

In re Hoffman

Ruling
Chapter 7 debtors could not strip off wholly unsecured junior mortgages on homestead properties.
Procedural posture

Chapter 7 debtors each filed a motion to avoid a junior mortgage lien on their respective homesteads. In each case, the estimated market value of the debtors' respective home was less than the amount of their senior mortgage.

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Consumer opinion summary, case decided on July 28, 2010 , LexisNexis #1010-082