including to-be-stripped mortgage lien in 109(e) calculat=
Posted: Mon May 16, 2011 12:56 pm
Ahart is following, butI'm appealing the requirement of counting in the
stripped amount in 109(e) toDistrict Court.
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, May 16, 2011 11:09:15 AM
Subject: [cdcbaa] including to-be-stripped mortgage lien in 109(e) calculations
I know in the Valley the Judges all signed off on the (I think it was In reSmith) 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?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?
*************************
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/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
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