Charlick v. Community Choice Credit Union (In Re Charlick)

OPINION GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND DENYING RELATED PLAN MODIFICATION

WALTER SHAPERO, Bankruptcy Judge.

In this post-confirmation adversary proceeding, Plaintiffs seek a ruling that the claim of the senior mortgagee exceeds the value of the residence and therefore Plaintiffs can proceed to “strip” Defendant’s junior lien. Plaintiffs have also filed a related plan modification, seeking to effectuate the lien strip if available. Plaintiffs and Defendant each filed Motions for Summary Judgment. For the reasons set forth in this Opinion, the Court grants Defendant’s Motion…