In re Simmons (25-40429-JTL)
This matter came before the Court on an objection to confirmation by the Creditor, Wilmington Savings Fund Society, of the Chapter 13 plan filed by Barry Simmons, the Debtor. The Court found that the value of the Debtor's property was less than the amount of the first mortgage, making the mortgage filed by the Creditor eligible to be crammed down under § 506(a)(1). The Court also found Georgia law allows only the interest of one joint tenant with right of survivorship to be encumbered by indebtedness. Finally, the Court found, under Georgia law, that a non-filing spouse benefits from lien release at discharge if the non-filing spouse was not also a co-signatory on the underlying debt.
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Monday, December 22, 2025