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In re Kemp

A chapter 13 debtor filed a motion to reclassify a creditor's unsecured second mortgage on the debtor's residence as an unsecured claim.
Ruling: 
Adversary proceeding not necessary for reclassification of mortgage claim for stripping purposes.
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Consumer case opionion summary, case decided on July 17,2008, LexisNexis #0808-089

SLW Capital LLC v. Mansaray-Ruffin (In re Mansaray-Ruffin)

Appellant lienholder appealed from the District Court for the Eastern District of Pennsylvania which affirmed the denial of the lienholder's motion to dismiss. At issue was whether a debtor in a chapter 13 bankruptcy case successfully invalidated a lien on her property by providing for it as an unsecured claim in her confirmed plan, without initiating an adversary proceeding as required by the Federal Rules of Bankruptcy Procedure.
Ruling: 
Debtor could not invalidate lien outside of an adversary proceeding,
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Consumer case opionion summary, case decided on June 24,2008, LexisNexis #0708-105