IN RE FISETTE

No. 11-3119.

695 F.3d 803 (2012)

In re Michael James FISETTE, Debtor. Michael James Fisette, Debtor-Appellee, v. Jasmine Z. Keller, Trustee-Appellant, TCF National Bank; Minnesota Bankers Association, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 12, 2012.


Attorney(s) appearing for the Case

Margaret Henrietta Culp , argued, Minneapolis, MN, for Appellant.

Craig William Andresen , argued, Bloomington, MN, for Appellee.

Jeffrey D. Klobucar , argued, Minneapolis, MN, on the amicus brief in support of appellant filed by Minnesota Bankers Association and TCF National Bank.

Before WOLLMAN, BEAM, and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

The bankruptcy court denied confirmation of debtor Michael Fisette's initial Chapter 13 plan because it proposed to "strip off" second and third mortgage liens on his residence. Fisette filed a modified plan that preserved those liens, noting his objection, and appealed the bankruptcy court's confirmation of the modified plan to the Bankruptcy Appellate Panel ("BAP"). The BAP reversed, concluding that a Chapter 13 debtor may strip off a wholly...

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