From the Editor – Lien Stripping

By The Honorable William Houston Brown (Retired)

Debtor ineligible for discharge could not cram down lien. Agreeing with the reasoning of lower courts’ holdings that debtors ineligible for discharge may not modify secured creditors’ rights, the facts of this case involved an attempt to cram down an undersecured creditor, with the court holding that a debtor who was ineligible for Chapter 13 discharge could not strip down undersecured first-priority liens. Colbourne v. Ocwen (In re Colbourne), ___ Fed. Appx. ___, 2013 WL 5789159 (11th Cir. Oct. 29, 2013) (unpublished). Note that a Chapter . . .

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