Critical Case Comment – Discharged Junior in 7 Survives in 13

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

While in personam liability of a junior mortgage on the debtor’s residence is discharged by a Chapter 7, the lien survives and constitutes an allowed unsecured claim in the debtor’s subsequent Chapter 13 case. In re Hopper, 2021 WL 3435445 (Bankr. E.D. N.Y. Aug. 5, 2021) (Grossman)

Case Summary

Donna Hopper and her husband received a Chapter 7 discharge in early 2009. Nearly twelve years later, in January of 2021, the debtor individually filed . . .

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