- 11 U.S.C.
In re Labenz
Mar
04
2010
Ruling
Former spouse's claim based on divorce decree for payment of home loan never secured by second mortgage as intended allowed.
Procedural posture
A divorce decree awarded a bankruptcy debtor a marital home and required the debtor to pay the first and second mortgages on the home and, during the process of selling the home in the bankruptcy case, the debtor discovered that the second mortgage lien was released as invalid since it was only signed by the debtor's former spouse. The spouse moved for payment of his claim for his liability on the second mortgage.
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Court
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