Jun
13
2006
- 11 U.S.C.
Pre 2005-Act:
Pre 2005-Act
Ruling:
Court deemed that debtors could modify creditor's rights since escrow funds in mortgage instrument took mortgage out of anti-modification protection.
Procedural posture:
Plaintiffs, debtors, filed a complaint against defendant creditor seeking a determination of the creditor's secured status. The debtors moved for partial summary judgment. The issues were whether: (1) the creditor's secured interest fell within the antimodification provisions of 11 U.S.C. § 1322(b)(2), and (2) judicial estoppel applied due to the creditor's assertion of the property's value in an earlier proceeding.
Issue:
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