The Issues, Concepts And Questions On Wholly Unsecured Mortgage Stripping In Chapter 13 Without A Discharge

By: John Gustafson, Standing Chapter 13 Trustee, Northern District of Ohio, Western Division

A.        Statutory Construction And Presumptions.

•  In both Dewsnup and Nobelman, the Supreme Court disregarded mainstream statutory construction arguments: The Supreme Court rejected arguments premised on the rule that the same words in the same section of a statute mean the same thing. see Dewsnup, 502 U.S. at 415-416, 112 S.Ct. 776-777, 116 L.Ed.2d at 909-910; and the “rule of the last antecedent”.  See Nobelman, 508 U . . .

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