Legal Opinion
In re Pod
United States Bankruptcy Court, E.D. New York
Decided October 25, 2016No. Case No. 8-15-75159-regPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM DECISION
Robert E. Grossman, United States Bankruptcy Judge
Before the Court is the motion (“Motion”) by Zoraya Pod (the “Debtor”) to strip off a second mortgage lien on her residence and treat the remaining debt as an unsecured claim in her chapter 13 plan (“Plan”) pursuant to 11 U.S.C. §§ 506(a) and (d) and § 1322(b)(2). Junior liens on a debtor’s residence may be stripped off and treated as an unsecured claim in a chapter 13 plan if the value of the property on the petition date is less than the amount owed on the first mortgage. TD Bank (“Bank”), the holder of the second mortgage…
2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Mark Boyce v. Soundview Technology Group, Inc. (Formerly Known as Wit Capital Group, Inc.), Docket No. 05-1685-CvCourt of Appeals for the Second Circuit · 2006
- In Re Heritage Highgate, Inc.Court of Appeals for the Third Circuit · 2012
- In Re PondCourt of Appeals for the Second Circuit · 2001
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3Cited by4 opinions
- In re GucciardoUnited States Bankruptcy Court, E.D. New York · 2017
- Buckskin Realty Inc. v. Windmont Homeowners Association, Inc., Eva Halpern, Allyson Phillips, Edward I. Kaplan, Young & Sommer, P.C., Cathy HennessyUnited States Bankruptcy Court, E.D. New York · 2026
- In re: Michael C. CulverUnited States Bankruptcy Court, S.D. New York · 2025
- Susan Laura LevinUnited States Bankruptcy Court, E.D. New York · 2020