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Johnston v. SunTrust Bank (In re Johnston) (Case No. 12-51263; A.P. No. 12-05066) 04/12/2013

The debtors filed a complaint to determine the validity and extent of SunTrust Bank’s lien on the debtors’ residence and to strip said lien from the property.  SunTrust disputed the debtors’ valuation of their residence.  By considering the underlying economic motivations of the parties, the court concluded that in an action to strip a lien from a debtor’s primary residence, a chapter 13 debtor bears the burden to prove he is entitled to prevail.  After reviewing the pleadings and exhibits and considering the testimony given at trial, the court concluded that debtors failed to carry their burden of persuading the court that their residence was worth less than the first lien on the property as of the petition date and thus that the SunTrust debt was not wholly unsecured.  The court thus denied the debtors’ request to strip the second lien deed of trust of SunTrust.

Date: 
Friday, April 12, 2013
Category: 
Adversary Proceedings
Chapter 13 Issues
Lien Stripping
Valuation
Chapter: 
13