The debtor was not eligible for a discharge in chapter 13 because of a previous discharge in chapter 7.  The debtor filed three adversary proceedings seeking to avoid judicial liens, two against the debtor’s residence and one against a separate parcel of real estate.  No defendant filed a response, but the chapter 13 trustee opposed the three motions.  The Court thus considered whether Section 1328(f)(1) and Section 1325(a)(5) act together to provide an exception to the rule created by Dewsnup, Nobleman, section 506(a) and section 1322(b)(2).  The Court concluded that section 1328(f)(1) does not prohibit a Chapter 13 debtor from stripping off a wholly unsecured lien.

            The trustee also objected to confirmation of the plan as not being proposed in good faith.  The Court applied a totality of the circumstance test considering past bankruptcy filing, the nature and amount of unsecured claims, and the percentage of proposed repayment.  The Court sustained the trustee’s objection to confirmation concluding that purpose of the Plan in this case violates both the intent and the spirit of the Bankruptcy Code in that it is a clear attempt to circumvent the stricture of the holding in Dewsnup.