(DOWNLOAD) "Pond v. Farm Specialist Realty" by Second Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free

eBook details

Title: Pond v. Farm Specialist Realty
Author : Second Circuit U.S. Court Of Appeals
Release Date : January 31, 2001
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Submitted: April 30, 2001 Plaintiffs, as Chapter 13 debtors, brought this action to void defendants' lien on their residential property under Section 1322(b)(2) of the Bankruptcy Code, 11 U.S.C. § 1322(b)(2), which permits a Chapter 13 plan to modify the rights of holders of a secured claim provided that the claim is not secured solely by the debtor's principal residential property. The United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) held that plaintiffs could void defendants' lien because the lien was wholly unsecured under 11 U.S.C. § 506 and, therefore, was not ""secured"" by a residential property within the meaning of Section 1322(b)(2). Affirmed.