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§ 1322(b)(2)

In re Brown

Ruling
Debtor could not strip down debt secured by junior lien assumed by former spouse and transferred to debtor as part of divorce settlement.
Issue(s)
Could debtor reclassify creditor's claim reclassified from secured to unsecured, modify the terms of the mortgage for the duration of the chapter 13 plan, and avoid the creditor's mortgage entirely upon discharge?

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Consumer opinion summary, case decided on September 11, 2015 , LexisNexis #1015-023

In re Johnson

Ruling
Anti-modification provision did not apply to loan secured by debtors' residence and a van.
Issue(s)
Did the anti-modification provision apply to loan secured by both debtor's residence and a van?

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Consumer opinion summary, case decided on September 10, 2015 , LexisNexis #1015-024

Davis v. Springleaf Fin. Servs. (In re Davis)

Ruling
Wholly unsecured second mortgage could be stripped off.
Issue(s)
Could wholly unsecured second mortgage on debtor's residence be stripped off?

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Consumer opinion summary, case decided on September 09, 2015 , LexisNexis #1015-025

Young v. Green Tree Servicing LLC (In re Young)

Ruling
Debtors could strip off junior lien where first lien exceeded value of residence.
Issue(s)
Could debtor avoid junior lien on residence?

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Consumer opinion summary, case decided on August 18, 2015 , LexisNexis #0915-031

In re Johnson

Ruling
Section 1322(b)(2) applied to debtor's manufactured home residence that was partially located on a neighbor's property.
Issue(s)
Was loan secured by a mortgage on a manufactured home, which served as debtor's primary residence, partially situated on a neighbor's property, secured "only by a security interest in real property that is the debtor's principal residence" so as to prevent modification?

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Consumer opinion summary, case decided on July 01, 2015 , LexisNexis #0715-132

Rivera v. Banco Popular De Puerto Rico (In re Rivera)

Ruling
Wholly unsecured junior lien on debtor's primary residence could be modified.
Issue(s)
Was creditor's junior lien on debtor's primary residence wholly unsecured and subject to modification?

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Consumer opinion summary, case decided on June 25, 2015 , LexisNexis #0715-097

In re Kelley

Ruling
Debt secured by deed of trust on debtor's residence could be stripped off as wholly unsecured where creditor's appraisal claiming higher valuation was not credible.
Issue(s)
Was value of debtor's primary residence less than the value of a senior lien which would allow debtor to treat a junior lien as wholly unsecured?

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Consumer opinion summary, case decided on June 25, 2015 , LexisNexis #0715-098

In re Gaetje

Ruling
Confirmation denied due to impermissible modification of debt secured by debtors' primary residence by converting interest rate from adjustable to fixed.
Issue(s)
Could plan proposing to modify the interest rate on a loan on debtors' residence from an adjustable to a fixed rate be confirmed or was the modification impermissible?

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Consumer opinion summary, case decided on June 18, 2015 , LexisNexis #0715-058

Turman v. Pinnacle Bank (In re Turman)

Ruling
Debtor could avoid wholly unsecured second lien on residence.
Issue(s)
Could a junior lien on debtor's primary residence be avoided?

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Consumer opinion summary, case decided on June 12, 2015 , LexisNexis #0715-031

In re Rones

Ruling
Unsecured balance of condominium association lien could be stripped off.
Issue(s)
Could balance of condominium lien after payment of six month priority claim be stripped off?

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Consumer opinion summary, case decided on June 11, 2015 , LexisNexis #0715-032