In re Vinieris

Ruling: 
Secured judgment that was still valid after more than twenty years was in excess of chapter 13 debt limits, disqualifying debtor.
Procedural posture: 
Movant creditor sought dismissal of a chapter 13 on the basis that it was a judgment creditor with a secured claim against debtor exceeding $9.9 million, rendering debtor ineligible to file a chapter 13 due to 11 U.S.C.S. § 109(e). Debtor opposed the motion on the ground that movant was no longer a judgment creditor by reason of the age of the underlying judgment. The status of the debt under state law including N.Y. C.P.L.R. § 5014 was at issue.
Issue: 
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Consumer case opionion summary, case decided on August 07,2008, LexisNexis #0808-107