Critical Case Comment – In re Strausbough, 2010 WL 1172601 (Bankr. E.D. Mich. Mar. 25, 2010) (Rhodes)

In re Strausbough, 2010 WL 1172601 (Bankr. E.D. Mich. Mar. 25, 2010) (Rhodes)

A Chapter 13 plan filed on behalf of one spouse can void the lien of a totally unsecured mortgage on property owned by the debtor and his non-filing spouse as tenants by the entireties.

Summary of the Case

Two adversary proceedings were brought before Judge Rhodes with the same set of facts. In each case, one spouse filed for Chapter 13 relief . . .

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