In Re Fernandez

Dear Counsel:

This matter was scheduled for confirmation on April 8, 2009. Commerce Bank, NA, now known as TD Bank, filed an objection to confirmation and the parties requested that the objection be decided on the papers. The confirmation has been adjourned until May 27, 2009. The following is the Court’s opinion resolving TD Bank’s objection.

In Schedule D of the Debtor’s bankruptcy petition he lists Commerce Bank as a secured creditor with a claim in the amount of $235,000 secured by a lien on his residence, which he values at $228,333. The nature of the obligation is listed as “SBA loan”. On…