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In re Rutt

In re Rutt

Ruling
Debtor could not modify confirmed plan to strip off junior mortgage based on revaluation of property.
Procedural posture

In a Chapter 13 bankruptcy proceeding, debtor made a motion to modify his Chapter 13 plan post-confirmation and made a motion under 11 U.S.C.S. § 506 to determine the secured status of creditor, which held a junior lien on his residence. The court also had before it debtor's amended modified plan.

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Consumer opinion summary, case decided on September 10, 2010 , LexisNexis #1010-131