- 11 U.S.C.
In re Smith
Sep
25
2012
Ruling
Fact that non-debtor spouse did not sign mortgage on entireties property did not justify reduction of mortgage debt in plan, which could not be confirmed.
Procedural posture
A bankruptcy debtor proposed a plan which provided for full payment of a creditor's mortgage against the debtor's residence which the debtor substantially reduced because the debtor's spouse as a co-owner of the residence did not execute the mortgage. The creditor objected to confirmation of the debtor's plan.
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Court
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