Seel v. Topeka Lumber Co. (In Re Seel)

MEMORANDUM OF DECISION

JAMES A. PUS ATERI, Bankruptcy Judge.

In this chapter 13 proceeding, the debtors have requested that the Court determine the validity and extent of a mechanic’s lien on their residence filed by Topeka Lumber Company.

The issues presented for determination are:

1. Does Topeka Lumber Company have a valid mechanic’s lien.

2. What is the extent of the lien.

3. Is a mechanic’s lien a “security interest” within the meaning of 11 U.S.C. § 1322(b)(2), § 101(37), prohibiting the debtor from modifying Topeka Lumber’s rights, or is it a statutory lien within the meaning of 11 U.S.C. §…