By Pardis Akhavan, Resnik Hayes Moradi LLP (Encino, CA) The bankruptcy court in In re Ritter, 2021 WL 864092 (Bkrtcy C.D. Cal, 2021)(J. Tighe),denied debtors’ motion for an immediate discharge under Section 1328(i) ruling that Congress apparently did not intend that a chapter 13 debtor who obtains a loan modification should also receive a discharge, on that basis alone at...
Critical Case Comment – In re Picht, 396 B.R. 76 (Bankr. D. Kan. 2008) (Berger)
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In re Picht, 396 B.R. 76 (Bankr. D. Kan. 2008) (Berger)
Completion of a Chapter 13 plan can result in the “strip off” of an undersecured, modifiable lien on the debtors’ home even where the debtors will not receive a discharge.
Summary of the Case
The debtors obtained a SBA loan to finance a small business and pledged all of the business equipment, fixtures, inventories, and other assets. In addition, they personally guaranteed the debt and . . .
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