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IN RE ENRIQUEZ

Bankruptcy No. 98-16174-B13.

244 B.R. 156 (2000)

In re Alphonso D. ENRIQUEZ, and Daisy O. Enriquez, Debtors.

United States Bankruptcy Court, S.D. California, San Diego Division.

January 7, 2000.

Attorney(s) appearing for the Case

Brian A. Kretsch, Kretsch & Lobo, San Diego, for Debtor.

Eric D. Houser, Ryan M. Davies, Malcolm, Cisneros & Houser, Irvine, for First-Plus Financial.

Scott N. Orona, Office of David L. Skelton, Chapter 13 Trustee, San Diego, Trustee.

ORDER ON MOTION TO AVOID LIEN OF FIRSTPLUS FINANCIAL

PETER W. BOWIE, Bankruptcy Judge.

The Debtors seek to strip off the lien of the holder of the second priority deed of trust on their residence. The secured creditor argues that the Debtors are precluded from modifying its rights under Bankruptcy Code § 1322. The Debtors counter that the secured creditor is in fact not secured because insufficient equity exists in the residence to secure even a portion...

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