IN RE HIRSCH

Bankruptcy No. 93-11372S, Adv. No. 93-0210S.

155 B.R. 688 (1993)

In re Steven Paul HIRSCH, Debtor. Steven Paul HIRSCH, Plaintiff, v. CITICORP MORTGAGE CORP., Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

June 25, 1993.


Attorney(s) appearing for the Case

Jane B. MacElhenney, Schroeder & MacElhenney, Philadelphia, PA, for debtor.

Gary E. McCafferty, Philadelphia, PA, for Citicorp Mortg. Corp.

Edward Sparkman, Philadelphia, PA, standing Chapter 13 Trustee.


OPINION

DAVID A. SCHOLL, Bankruptcy Judge.

A. INTRODUCTION

In Nobleman v. American Savings Bank, ___ U.S. ___, ___, 113 S.Ct. 2106, 2111, 124 L.Ed.2d 228 (1993), the Supreme Court held that 11 U.S.C. § 1322(b)(2) prohibits the use of 11 U.S.C. § 506(a) to "strip down" the lien of a mortgagee to the value of the mortgaged real estate where "the lender's claim is secured only by a lien on the debtor's residence." The instant...

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