Critical Case Comment – Bank of the Prairie v. Picht (In re Picht), 2010 WL 1768238 (10th Cir. BAP May 4, 2010) (Rasure)

Bank of the Prairie v. Picht (In re Picht), 2010 WL 1768238 (10th Cir. BAP May 4, 2010) (Rasure)

A lien on an under-secured, modifiable mortgage in a “Chapter 20” case will not be released if the debtor does not receive a discharge in the Chapter 13 case.

Summary of the Case

At the time the Pichts filed a Chapter 7 petition, Bank of the Prairie had a second mortgage against the debtors’ residence in an . . .

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