- 11 U.S.C.
HHP-Brentwood LLC v. Aurora Loan Servs. LLC (In re Surti)
Aug
13
2010
Ruling
Deed of trust on entireties property signed by both debtor spouses created valid secured claim despite securing note signed by only one debtor.
Procedural posture
Plaintiff, a creditor treated as unsecured by debtors' Chapter 11 plan, filed this adversary proceeding against defendant, a creditor treated as fully secured under debtors' plan, challenging the validity and extent of defendant's lien. Before the court were cross-motions for summary judgment.
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Court
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