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Case Law Topics
Cases that deal with the effect of undersecured 2nd mortgages on plan payments and correct procedures to strip them.
Cases about the procedure required to strip liens on over-secured property.
Can a debtor deduct the full amount of current monthly under-secured debt payment if debt will be crammed down in a Chapter 13 plan
Generally this practice is not allowed in Chapter 7 -- only in Chapter 13. The Supreme Court in Dewsnup v. Timm in 1992 prohibited the practice of using 506(d) to strip a partially secured lein. But a few rare cases, most notably the 11th Circuit, have recently held that Dewsnup does not apply to cases of wholly unsecured liens, and has held that prior precedent allowing elimination of such liens is still controlling precedent in the 11th circuit. .