IN RE ARNOLD

Bankruptcy No. 12 B 11838.

483 B.R. 515 (2012)

In re Sandra ARNOLD and Donald Arnold, Debtors.

United States Bankruptcy Court, N.D. Illinois, Eastern Division.

November 28, 2012.


Attorney(s) appearing for the Case

Ben L. Schneider , Schneider & Stone, Skokie, IL, for debtors.

Andrew E. Houha , Johnson Blumberg and Associates, Marc S. Lipinski , Donnelly, Lipinski & Harris, LLC, Chicago, IL, for respondent.


MEMORANDUM OPINION

DONALD R. CASSLING, Bankruptcy Judge.

The issue in this case is whether an unrecorded Illinois mortgage is "a claim secured only by a security interest in real property that is the debtor's principal residence" for purposes of 11 U.S.C. § 1322(b)(2), which prohibits a Chapter 13 plan from modifying the rights of a holder of such a claim.

It is undisputed that Bank of America, N.A. (the "Bank"), never recorded its mortgage...

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