Undersecured Amounts on 1st TD secured by Debtors personal
Posted: Thu Mar 03, 2016 12:39 pm
Reply-To: Stephen Smyth
X-Original-Return-Path: Stephen Smyth
To: cdcbaa@yahoogroups.com
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Good Afternoon All,
Judge Klein requested that I brief the debt limit calculation under 109(e) regarding the undersecured amount of a 1st mortgage secured by the Debtor's primary residence. I was caught a bit off guard when she set the briefing schedule because I thought the treatment of the claim as fully secured was not in dispute in our district. I've cited the usual cases in my brief (i.e. Nobleman, In Re Smith, In re Munoz, In re Zimmer, etc.).
Does anyone know of any cases that talk about the unliquidated nature of the undersecured amount of a Debtor's 1st mortgage residence in light of California's foreclosure anti-deficiency scheme (i.e. CCP 580b, 580d and 726 (the one action rule)?
Any insight would be appreciated.nsecured debt limit would disqualify a lot of debtor's from chapter 13.
Regards,
Stephen Smyth
The post was migrated from Yahoo.
X-Original-Return-Path: Stephen Smyth
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Good Afternoon All,
Judge Klein requested that I brief the debt limit calculation under 109(e) regarding the undersecured amount of a 1st mortgage secured by the Debtor's primary residence. I was caught a bit off guard when she set the briefing schedule because I thought the treatment of the claim as fully secured was not in dispute in our district. I've cited the usual cases in my brief (i.e. Nobleman, In Re Smith, In re Munoz, In re Zimmer, etc.).
Does anyone know of any cases that talk about the unliquidated nature of the undersecured amount of a Debtor's 1st mortgage residence in light of California's foreclosure anti-deficiency scheme (i.e. CCP 580b, 580d and 726 (the one action rule)?
Any insight would be appreciated.nsecured debt limit would disqualify a lot of debtor's from chapter 13.
Regards,
Stephen Smyth
The post was migrated from Yahoo.