Johnston v. SunTrust Bank (In re Johnston)
Apr
12
2013
Ruling
Debtor could not strip off second lien that was wholly unsecured.
Procedural posture
Plaintiffs, chapter 13 debtors, filed an adversary complaint to determine the validity and extent of the lien held by creditor, a junior lien holder, on the debtors' residence. Debtors sought to strip the lien from the property. The creditor filed a proof of claim in the amount of $72,527 as a secured lien.
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Court
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