IN RE WOOLSEY

No. 11-4014.

696 F.3d 1266 (2012)

In re Kenneth WOOLSEY; Stephanie Woolsey, Debtors. Kenneth Woolsey; Stephanie Woolsey, Appellants, v. Citibank, N.A., Appellee, Kevin R. Anderson, Chapter 13 Trustee, Trustee-Appellee, National Association of Consumer Bankruptcy Attorneys, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 4, 2012.


Attorney(s) appearing for the Case

David M. Cook , Salt Lake City, UT, for Debtors-Appellants.

Mariah E. Murphy ( Anthony C. Kaye and Steven D. Burt with her on the briefs). Ballard Spahr LLP, Salt Lake City, UT, for Appellee Citibank.

Kevin R. Anderson , Salt Lake City, UT, for Trustee-Appellee.

Tara Twomey , San Jose, CA, for Amicus Curiae National Association of Consumer Bankruptcy Attorneys.

Before GORSUCH, HOLMES, and MATHESON, Circuit Judges.


GORSUCH, Circuit Judge.

Like so many these days, Stephanie and Kenneth Woolsey owe more money on their home than it's worth. In fact, the value of their home doesn't come close to covering the balance due on their first mortgage, much less the amount they owe on a second. And it's that second mortgage, held by Citibank, at the center of our case. After the Woolseys sought shelter in bankruptcy, they prepared a Chapter 13 repayment plan. In their plan, they took the...

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