IN RE MALONE

No. 12-61289-MGD.

489 B.R. 275 (2013)

In re Lynette Dais MALONE, Debtor. Lynette Dais Malone, Movant, v. Citibank NA as Trustee of SACO 1 Trust 2006-7 serviced by GMAC Mortgage, LLC, Respondent.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

March 28, 2013.


Attorney(s) appearing for the Case

Milton D. Jones , Milton D. Jones, Attorney, Morrow, GA, for Debtor.


ORDER GRANTING DEBTOR'S MOTION TO DETERMINE SECURED STATUS OF CLAIM

MARY GRACE DIEHL, Bankruptcy Judge.

This case presents the legal question of whether section 506 of the Bankruptcy Code permits a chapter 7 debtor to "strip off" a junior mortgage lien where the value of the real property is less than the amount of debt securing the senior lien. This action is complicated by the recent unpublished decision entered by the Eleventh Circuit. In re...

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