Donadio v. Countrywide Home Loans, Inc. (In Re Donadio)

OPINION 1

JOHN J. THOMAS, Bankruptcy Judge.

By this adversary, Debtors’ request this Court to make a determination of the amount of the Defendant’s secured claim pursuant to 11 U.S.C. § 506(a). The Defendant responded by filing a Motion to Dismiss the Complaint arguing that the underlying mortgage cannot be bifurcated into secured and unsecured claims pursuant to § 506(a) mainly because the mortgage is one that is secured only by a security interest in real property that is the Debtors’ principal residence and, therefore, under 11 U.S.C. § 1322(b)(2), the underlying claim cannot be modified.

The…