In re Wapshare

MEMORANDUM DECISION ON MOTION TO AVOID SECOND MORTGAGE AND RECLASSIFY CLAIM

CECELIA G. MORRIS, Chief Judge.

Introduction

James N. Wapshare (“Debtor”) seeks to avoid and reclassify a second mortgage that encumbers his principal residence. The holder of the second mortgage, Orange County Trust Company (the “Bank”), objects to the Debtor’s requested relief. The Bank argues that the mortgage lien cannot be avoided until the Debt- or has proposed a confirmable plan in this “chapter 20” case. For the reasons discussed below, the Bank’s objection is overruled.

Jurisdiction

This Court has subject matter…