· 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 CourtListenerSourced 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.