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Avoiding a lien through the Ch 13 process

Millelliti Forrest filed a Chapter 13 bankruptcy petition on June 8, 2009 (No. 09 B 20874). Wanting to avoid a lien through the bankruptcy process, the petition indicated that Litton Loan Servicing’s “second lien is stripped from the property and will be paid as an unsecured creditor” due to the lack of equity in the debtor’s primary residence. Litton Loan Servicing objected.

In a memorandum opinion sustaining Litton Loan Servicing’s objection to the Chapter 13 plan, United States Bankruptcy Judge Jack B. Schmetterer ruled that the debtor may not strip off the junior mortgage because the Bankruptcy Code and Rules [Rule 7001(2)] and the Constitution require the debtor to file an adversary proceeding

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