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IN RE GEYER

Bankruptcy No. 95-14389-B13.

203 B.R. 726 (1996)

In re Timothy Allen GEYER, and Bertha Irene Geyer, Debtors.

United States Bankruptcy Court, S.D. California.

December 16, 1996.

Attorney(s) appearing for the Case

Ronald E. Stadtmueller, San Diego Debt Reorganization and Bankruptcy Center, San Diego, CA, for Debtors/Movant.

Thomas H. Billingslea, Jr., Chapter 13 Trustee, San Diego, CA.

Raymond R. Lee, Suppa Highnote & Lee, San Diego, CA, for Creditor Commercial Credit Corporation.

MEMORANDUM DECISION

LOUISE DeCARL ADLER, Chief Judge.

Timothy Allen Geyer and Bertha Irene Geyer ("Debtors") seek to void the lien of Commercial Credit Corp., ("CCC") which encumbers their residence. The Debtors move under Bankruptcy Code section 506(d) on the ground that since no equity exists in the residence to secure the claim of CCC, CCC does not have a secured claim. CCC opposes the motion, arguing, that under the holding in Nobelman v. American...

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