Redd v. Bank of America (In re Redd)
Jun
07
2010
Ruling
Wholly unsecured second lien could properly be stripped.
Procedural posture
In connection with a proposed chapter 13 plan, plaintiff debtor filed a complaint under 11 U.S.C.S. § 506(a) against defendant creditor, a bank that held two mortgage liens on debtor's residence, claiming that the second such lien was wholly unsecured due to a lack of equity in the collateral and was properly stripped. At issue was whether such treatment was proper.
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Court
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