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Fischer et al v. Wells Fargo Bank (In re Fischer) (Case No. 09-60598-LYN; A.P. No. 09-06048) 10/08/09

Debtors sought to avoid the consensual lien of Wells Fargo Bank under 11 U.S.C. §§ 506(a) and 1322(b)(2) which permit a chapter 13 debtor to modify the rights of holders of claims secured by the debtor’s principal residence only if all other senior liens on the property are greater than the value of the residence. The Court determined that the value of the property was greater than the first priority consensual lien on the property. Therefore, the lien cannot be avoided.

Date: 
Thursday, October 8, 2009
Category: 
Lien Avoidance
Priority Claim
Chapter: 
13