In re Gerardin

In re Gerardin, 2011 WL 1118495 (Bankr. S.D. Fla. March 11, 2011) (Mark)

A debtor who is ineligible for a Chapter 13 discharge may not strip down or strip off a lien.

Case Summary

Karin Gerardin was one of several debtors that had obtained a Chapter 7 discharge and then filed a Chapter 13 case with the express desire to strip off a totally unsecured junior mortgage on her home.  The mortgage holder and the Chapter 13 trustee objected to her attempt to strip off the junior lien because Ms. Gerardin would not . . .

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