Monk v. LSI Title Company of Oregon (In re Monk)

Monk v. LSI Title Company of Oregon (In re Monk), 2011 WL 212831 (Bankr. D. Ore. January 21, 2011) (Alley)

Where a mortgage claim is disallowed during a Chapter 13 case, the lien is void and the mortgagee may not pursue rights against the property after the Debtor receives a discharge.

Case Summary

The Debtors’ Chapter 13 plan was filed in February of 2004 and proposed to cure a default on their mortgage and the Debtors would maintain payments on the mortgage during the pendency of the case. The Trustee was to make payments . . .

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