In re Howard (Ch. 13 Case No. 05-53602, Adv. No. 05-05160)

The debtor filed for bankruptcy relief the day after the creditor foreclosed on the debtor's residence. The debtor contended that his interest in his residence was not terminated before he filed for bankruptcy relief. The court held that the language of the deed to secure debt provided that the debtor's right and equity would not terminate until the creditor gave the purchaser at foreclosure title to the debtor's residence.

Thursday, September 21, 2006