- 11 U.S.C.
In re Gerardin
Feb
17
2011
Ruling
Chapter 13 debtors who filed less than four years after chapter 7 discharges were not eligible for discharge and could not strip down junior liens on properties.
Procedural posture
Seven debtors filed Chapter 13 bankruptcy cases soon after they received a discharge in a Chapter 7 case. Each debtor filed a motion which asked the court to determine that junior liens on property they owned were unsecured because the property was worth less than the amount of senior liens that were filed on the property. The court considered all of the motions together.
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Court
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