- 11 U.S.C.
Poe v. Wells Fargo Bank (In re Poe)
Jul
09
2012
Ruling
Wholly unsecured second lien could be stripped off and avoided upon completion of plan.
Procedural posture
Plaintiffs, chapter 13 debtors, filed an adversary proceeding against defendant creditor to avoid a junior lien on their real property under 11 U.S.C.S. § 1322(b)(2), contending that the junior lien was wholly unsecured under 11 U.S.C.S. § 506(a). They sought summary judgment.
ABI Membership is required to access the full summary of Poe v. Wells Fargo Bank (In re Poe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: