IN RE SMITH

Nos. 1:08-bk-17343-MT, 1:08-bk-19355-MT, 1:08-bk-18885-MT.

419 B.R. 826 (2009)

In re Russell L SMITH, Joy C Smith; and In re Mynor A. Salguero, Cecilia Salguero; and In re Christopher H. George Debtor(s).

United States Bankruptcy Court, C.D. California.

October 9, 2009.


Attorney(s) appearing for the Case

Louis J. Esbin, Valencia, CA, Kevin T. Simon, Simon & Resnik LLP, Sherman Oaks, CA, Giovanni Orantes, Orantes Law Firm, Los Angeles, CA, for Debtors.


AMENDED MEMORANDUM OF LAW RE: DEBTOR'S ELIGIBILITY UNDER 11 U.S.C. § 109(e) IN LIGHT OF UNDERSECURED DEBT EXCEEDING DEBT LIMITS

MAUREEN A. TIGHE, Bankruptcy Judge.

Introduction

These cases present the increasingly common issue of how an undersecured debt should be treated in determining the debt limitations to qualify for a Chapter 13 bankruptcy where the debt arises out of the debtor's principal residence. Section

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