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· 12/24/2002

In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending Corporation

Citations

  • 313 F.3d 1220
  • 49 Collier Bankr. Cas. 2d 1010
  • 2002 Daily Journal DAR 14601
  • 2002 Cal. Daily Op. Serv. 12656
  • 2002 U.S. App. LEXIS 26581
  • 40 Bankr. Ct. Dec. (CRR) 164
  • 2002 WL 31866219

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding no evidence of any congressional policy in favor of promoting subsequent mortgages that are entirely unsecured due to a lack of equity in property
  • permitting lien stripping in chapter 13 of wholly unsecured deed of trust against debtor’s residence
  • § 1322(b)(2) does not bar modification where claim is wholly unsecured because of prior lien on primary residence
  • for creditor to have a “secured claim” there must be value for the creditor’s interest in the collateral
  • for creditor 20 to have a “secured claim” there must be value for the creditor’s 21 interest in the collateral
  • “Finally, and only after determining that the creditor was the holder of a secured claim and thus eligible for antimodification protection, the Court proceeded to the question of exactly what was entitled to such protection.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Schwarzer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.