including to-be-stripped mortgage lien in 109(e) calculations
Posted: Mon May 16, 2011 11:09 am
I know in the Valley the Judges all signed off on the (I think it
was In re Smith) case that if a debtor is seeking to lienstrip on a
wholly unsecured junior mortgage on a principal residence, that debt
is included as a non-contingent, liquidated unsecured debt on the
date of filing.
Has anyone found a Judge downtown who does NOT follow that ruling?
In other words, are we all just assuming that wholly unsecured
juniors get included in 109(e) wherever the case is filed in our
district or has anyone tested this?
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Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
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