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In re Silva

In re Silva

Ruling
Chapter 13 exception to modification of mortgage claims where final payment is due before plan completion does not apply in chapter 11.
Procedural posture

A chapter 11 bankruptcy debtor sought to reduce a mortgage creditor's claim secured by the debtor's residence to the market value of the residence, and treat the remainder of the creditor's claim as unsecured. The debtor moved for valuation and bifurcation of the creditor's claim.

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Consumer opinion summary, case decided on February 02, 2010 , LexisNexis #0410-024