- 11 U.S.C.
Orkwis v. MERS (In re Orkwis)
Sep
19
2011
Ruling
Unsecured second mortgage could be avoided only after chapter 13 discharge.
Procedural posture
Debtors filed an adversary proceeding under 11 U.S.C.S. §§ 506(a), 522(f), 1322(b)(2), against defendant second mortgagee bank to avoid as wholly unsecured the second mortgage lien encumbering the debtors' residence. The bank defaulted and the debtors requested that the mortgage lien be avoided upon entry of the judgment by default, and that it not be conditioned upon entry of discharge.
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Court
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