- 11 U.S.C.
Harris v. Amerifirst Home Improvement Fin. Co.
Apr
26
2013
Ruling
One half of second line on property jointly owned by chapter 13 debtor with non-debtor grandson could be avoided.
Procedural posture
Chapter 13 debtor filed an adversary complaint against creditor mortgagee, requesting a determination of the validity and extent of the creditor's second mortgage lien pursuant to 11 U.S.C.S. §§ 506(d), 522(f), and 1322(b)(2).
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Court
:
- 11 U.S.C.
Hamilton v. Partners for Payment Relief De III LLC (In re Hamilton)
Apr
22
2013
Ruling
Second mortgage at least partially secured by debtor's residence could not be modified or avoided.
Procedural posture
Bankruptcy debtor brought an adversary proceeding against creditor which held a second priority mortgage against the debtor's residence, seeking to avoid the creditor's lien as wholly unsecured. The creditor moved for summary judgment, and the debtor did not respond to the motion.
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Court
:
- 11 U.S.C.
In re Buster
Mar
26
2013
Ruling
Third mortgage could not be stripped off as value of residence exceeded debt after second mortgage was stripped off.
Procedural posture
Debtors declared chapter 13 bankruptcy and sought an order allowing them to "strip off" a second mortgage and a third mortgage which two banks held on their residence. The court allowed the debtors to strip off the second mortgage; however, a bank that held both the first mortgage and the third mortgage on the debtors' residence filed an objection to the debtors' motion. The court held a hearing on the debtors' motion and the bank's objection.
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Court
:
- 11 U.S.C.
Aumiller v. GMAC Mortg. LLC (In re Aumiller)
Mar
26
2013
Ruling
Wholly unsecured second lien could be stripped off and avoided upon successful completion of plan.
Procedural posture
Chapter 13 debtors filed a complaint against creditor to avoid the creditor's junior lien on their real property. The debtors moved for summary judgment.
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Court
:
- 11 U.S.C.
Seidle v. Sovereign Bank (In re Seidle)
Mar
06
2013
Ruling
Debtor could not strip off partially secured second lien.
Procedural posture
Chapter 13 debtor filed an adversary proceeding against three banks and various judgment creditors, seeking a judgment determining the priority of liens defendants placed on his residence and orders allowing him to strip off liens that were unsecured. Two banks that were named as defendants agreed to submit their claims that their lien had priority to mediation.
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Court
:
- 11 U.S.C.
In re Kelly
Feb
19
2013
Ruling
Confirmation denied due to improper modification of loan on rented property.
Procedural posture
Chapter 13 debtors' plan contained language that attempted to cram down the amount owed on the mortgage on the property in which they lived. The creditor objected, contending that the amounts owed on that property could not be crammed down pursuant to 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
Rozinski v. ANB Bank (In re Rozinski)
Feb
12
2013
Ruling
Bank's lien could be avoided where debtor met burden of proving residence was worth less than amount owed.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their debts which modified the value of their residence and treated a debt they owed a bank on a home equity line of credit as unsecured. The debtors filed a motion which asked the court to determine the value of their residence pursuant to 11 U.S.C.S. § 506(a), to find that a claim the bank filed against their bankruptcy estate was unsecured.
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Court
:
- 11 U.S.C.
In re Vidal
Feb
05
2013
Ruling
Debtors could not propose to strip down junior liens in plan without filing adversary proceedings to determine is liens were unsecured.
Procedural posture
Several chapter 13 debtors who were represented by the same attorney filed bankruptcy plans which proposed to strip off junior liens creditors held on each debtor's principal residence at a "to-be-commenced" adversary proceeding. A chapter 13 trustee who was appointed to administer the debtors' plans filed an objection to confirmation of each plan.
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Court
:
- 11 U.S.C.
Hatfield v. CitiFinancial Inc. (In re Hatfield)
Jan
28
2013
Ruling
Wholly unsecured junior lien could be "stripped off" upon completion of chapter 13 plan.
Procedural posture
A chapter 13 debtor moved for summary judgment on an adversary complaint that sought an order allowing her to avoid a junior lien on debtor's residential real property on the basis that the lien was wholly unsecured and thus was properly "stripped off" under 11 U.S.C.S. § 1322(b)(2) and 11 U.S.C.S. § 506(a). Lienholder did not appear in opposition to the motion.
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Court
:
- 11 U.S.C.
Robinson v. Bank of America (In re Robinson)
Jan
28
2013
Ruling
Modification of mortgage on one unit of multi-unit dwelling could be allowed.
Procedural posture
A chapter 13 debtor filed an adversary proceeding pursuant to 11 U.S.C.S. § 506(a) and Fed. R. Bankr. P. 3012 against defendant creditor seeking to determine the validity of the creditor's lien on the debtor's property.
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Court
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