In re Scott (Ch. 13 Case No. 98-51155, Adv. No. 02-05174)

The creditor held a second mortgage on the debtor's primary residence. The confirmed Chapter 13 plan provided that the second mortgage was disputed and would be satisfied of record upon completion of the plan and the debtors' discharge in bankruptcy. The Court held that the creditor was bound by the confirmed plan but that the creditor's secured claim and rights under his second mortgage survive the confirmation of the debtors' Chapter 13 plan and discharge in bankruptcy.

Wednesday, July 16, 2003