Legal Opinion
Miller v. Citibank, N.A. (In re Miller)
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 13, 2016No. Case No. 13-20559-AMC; Adv. Proc. No. 14-361-AMCPublishedCited by 2 opinions
1Opinion of the Court
OPINION
Ashley M. Chan, United States Bankruptcy Judge
I. INTRODUCTION
The Debtor in this adversary proceeding seeks to void the second mortgage against his principal residence as wholly unsecured under § 506(d) of the Bankruptcy Code. However, in order to prove this, the Debt- or needed to demonstrate that the value of his residence was less than the amount of the first mortgage against his residence. The Debtor has failed to do so. As a result, the Court finds in favor of the defendant in this proceeding.
II. FACTS AND PROCEDURAL HISTORY
A. Background
The Debtor owns and resides in a 3,600 square…
2Cases cited5 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Sovereign Bank, F.S.B. v. Finnegan (In Re Finnegan)United States Bankruptcy Court, M.D. Pennsylvania · 2006
- Cusato v. Springleaf Financial, Inc. (In re Cusato)United States Bankruptcy Court, E.D. Pennsylvania · 2013
- In Re HenryUnited States Bankruptcy Court, E.D. Pennsylvania · 2011
3Cited by2 opinions
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