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In re Latimer

In re Latimer

Ruling
Undersecured mortgage claim could be bifurcated.
Procedural posture

The debtors filed a chapter 13 plan which proposed to bifurcate their mortgage into an allowed secured claim and an unsecured claim. In furtherance of the plan, the debtors filed a motion, pursuant to 11 U.S.C.S. § 506(a)(1), for the court to determine the secured status of the mortgage. The creditor opposed the motion.

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Consumer opinion summary, case decided on October 27, 2008 , LexisNexis #1208-127