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In re Kelly

In re Kelly

Ruling
Confirmation denied due to improper modification of loan on rented property.
Procedural posture

Chapter 13 debtors' plan contained language that attempted to cram down the amount owed on the mortgage on the property in which they lived. The creditor objected, contending that the amounts owed on that property could not be crammed down pursuant to 11 U.S.C.S. § 1322(b)(2).

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Consumer opinion summary, case decided on February 19, 2013 , LexisNexis #0313-064