Junior Mortgages in Chapter 20
Posted: Sat Feb 23, 2019 7:39 pm
Judge Klein followed Free and Rosa in one of my 13s finding no unsecured claim for the avoided jr lien that was discharged in a prior chapter 7.
Mark Jessee
Sent from my iPhone
> On Feb 23, 2019, at 4:13 PM, Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
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> Opps I meant to say No per Free.
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> Shannon A. Doyle
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> Attorney | Virtual Bankruptcy Assistant
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> Direct Line: 855-378-4080
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> Direct Fax: 562-249-8435
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> Licensed in California
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> Sent: Saturday, February 23, 2019 4:09 PM
> To: 'cdcbaa@yahoogroups.com'
> Subject: [cdcbaa] Junior Mortgages in Chapter 20
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> This issue has come up in the last two cdcbaa programs: Are discharged second mortgages in a chapter 7 unsecured debts in a subsequent chapter 13?
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> Well here is an argument: Yes per Free v. Malaier, BAP No WW-14-1395-JuKif (B.A.P. 9th Cir. Dec. 27, 2015 and In re Rosa, 521 B.R. 337 (Bankr. N.D. Cal. 2014). While the main issue is Free was whether the discharged mortgage was considered debt for 11 U.S.C. 109(e) eligibility purposes, by relying on Rosa (which said no unsecured claim remained after the chapter 7 discharge), the BAP effectively ruled that this is no debt for treatment in the subsequent chapter 13. This argument was successful with Judge Tighe in an objection to claim.
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> However, in last months program, the panel discussed In re Gwendolyn Washington, 587 B.R. 356, wherein Judge Houle ruled that if debtor is going to use 506(a) to strip off the lien, there must be an unsecured claim at least against the estate (as Jon said today).
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> Jenny Doling is appealing In re Gwendolyn Washington.
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> Shannon A. Doyle
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> Attorney | Virtual Bankruptcy Assistant
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> Direct Line: 855-378-4080
>
> Direct Fax: 562-249-8435
>
> Licensed in California
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Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Saturday, February 23, 2019 4:09 PM
To: 'cdcbaa@yahoogroups.com'
Subject: [cdcbaa] Junior Mortgages in Chapter 20
This issue has come up in the last two cdcbaa programs: Are discharged second mortgages in a chapter 7 unsecured debts in a subsequent chapter 13?
Well here is an argument: Yes per
Free v. Malaier, BAP No WW-14-1395-JuKif (B.A.P. 9th Cir. Dec. 27, 2015 and In re Rosa, 521 B.R. 337 (Bankr. N.D. Cal. 2014). While the main issue is
Free was whether the discharged mortgage was considered debt for 11 U.S.C. 109(e) eligibility purposes, by relying on
Rosa (which said no unsecured claim remained after the chapter 7 discharge), the BAP effectively ruled that this is no debt for treatment in the subsequent chapter 13. This argument was successful with Judge Tighe in an objection to claim.
However, in last months program, the panel discussed
In re Gwendolyn Washington, 587 B.R. 356, wherein Judge Houle ruled that if debtor is going to use 506(a) to strip off the lien, there must be an unsecured claim at least against the estate (as Jon said today).
Jenny Doling is appealing
In re Gwendolyn Washington.
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Shannon A. Doyle
Attorney | Virtual Bankruptcy Assistant
Direct Line: 855-378-4080
Direct Fax: 562-249-8435
Licensed in California
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