Legal Opinion

Maplethorpe v. Citimortgage Inc. (In re Maplethorpe)

United States Bankruptcy Court, E.D. Michigan

Decided June 16, 2017No. Case No. 16-57117; Adv. Pro. No. 17-4032Published

1Opinion of the Court

*158OPINION REGARDING DEFENDANT’S MOTION FOR JUDGMENT ON PARTIAL FINDINGS, UNDER FED. R. CIV. P. 52(c)

Thomas J. Tucker, United States Bankruptcy Judge

I. Introduction

This adversary proceeding is what is often referred to as a “lien-strip” action. Plaintiffs William R. Maplethorpe and Nancy J. Maplethorpe (“Plaintiffs”) are the Debtors in a pending Chapter 13 bankruptcy case. They seek a judgment determining that in their proposed Chapter 13 plan, they may treat as a wholly unsecured claim the claim of the Defendant Citimort-gage Inc. (“Defendant”). Defendant’s claim against Plaintiffs is secured…

2Cases cited6 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Lytle v. Household Manufacturing, Inc.Supreme Court of the United States · 1990
  3. Lane v. Western Interstate BancorpCourt of Appeals for the Sixth Circuit · 2002
  4. Ralph Roberts Realty, LLC v. Savoy (In re Ralph Roberts Realty, LLC)United States Bankruptcy Court, E.D. Michigan · 2016
  5. New Products Corp. v. Tibble (In re Modern Plastics Corp.)United States Bankruptcy Court, W.D. Michigan · 2016

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