Critical Case Comment – In re Winitzky, No. 1:08-bk-19337-MT (Bankr. C.D. Cal. May 9, 2009)

In re Winitzky, No. 1:08-bk-19337-MT (Bankr. C.D. Cal. May 9, 2009)

A Chapter 13 debtor may not “strip off” a totally unsecured junior mortgage where the debtor will not receive a discharge after having received a discharge in a Chapter 7 case filed within four years.

Summary of the Case

In May of 2008 the debtors filed a Chapter 7 petition. In July of 2008 the creditors holding first and second mortgages . . .

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