Bennett v. Springleaf Financial Services (In re Bennett)

Decision Granting Plaintiffs Motion for Summary Judgment

GUY R. HUMPHREY, Bankruptcy Judge.

I. Introduction

This decision concerns whether the value of the debtor’s residence set forth in *424the debtor’s appraisal, filed with the court in accordance with a local bankruptcy rule prior to confirmation of the debtor’s Chapter 13 plan, is binding on a junior mortgagee upon confirmation of the plan for purposes of stripping off that creditor’s lien as “wholly unsecured” in a separate adversary proceeding when the Chapter 13 plan expressly provides that the value in the appraisal shall be binding upon…