- 11 U.S.C.
In re North
Oct
15
2012
Ruling
Debtor's plan could avoid wholly unsecured second lien and could not be confirmed until the lien was stripped.
Procedural posture
Objector, the chapter 13 trustee, challenged the proposed confirmation of debtor's plan, set in a "chapter 20" context, asserting that the plan could not strip a second mortgage lien without debtor being granted a discharge. Debtor had received a chapter 7 discharge 2 and a half years prior, and she was not entitled to a discharge in the instant case.
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Court
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