In Re Cavaliere

MEMORANDUM AND ORDER ON MOTIONS TO DISMISS UNDER CODE § 109(e) AND DETERMINE STATUS OF CLAIMS UNDER CODE § 506(a)

ALAN H.W. SHIFF, Chief Judge.

The chapter 13 trustee has filed a motion to dismiss this case under § 1307(c) 1 because the debtors scheduled secured debt in excess of the amount permitted by § 109(e). In response, the debtors filed a motion to determine the status of claims under § 506(a) so that they will be eligible under § 109(e). They contend that they are eligible chapter 13 debtors because their proposed order under § 506(a), if granted, would reduce the amount of their…