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IN RE GERARDIN

Nos. 10-16511-RAM, 10-13622-BKC-RAM, 10-14885-BKC-RAM, 09-33875-BKC-RAM, 10-11923-BKC-LMI, 10-12684-BKC-LMI, 09-36665-BKC-AJC.

447 B.R. 342 (2011)

In re Karin S. GERARDIN, Debtor. In re Jorge Luis Hernandez, Debtor. In re Bernd Kern, Debtor. In re Samuel Matos and Nilda E. Matos, Debtors. In re Pablita Tampus Ehlers, Debtor. In re Adrienne B. Caplan-Gawlikowski, Debtor. In re Donna Elizabeth Wong, Debtor.

United States Bankruptcy Court, S.D. Florida.

As Amended March 28, 2011.

Attorney(s) appearing for the Case

Karin Gerardin, Homestead, FL, James Schwitalla, Miami, FL, for Karin Sue Gerardin.

Damaris D. Rosich-Schwartz, Office of the U.S. Trustee, Miami, FL, for U.S. Trustee.

MEMORANDUM OPINION ON ABILITY OF A CHAPTER 13 DEBTOR TO STRIP A LIEN WHEN THE CHAPTER 13 DEBTOR IS INELIGIBLE FOR A DISCHARGE

ROBERT A. MARK, LAUREL M. ISICOFF, A. JAY CRISTOL, Bankruptcy Judges.

A variety of procedural motions are pending in these cases, all of which require resolution of the same threshold legal issue— whether a chapter 13 debtor who is ineligible to receive a chapter 13 discharge may, nonetheless, strip off the lien of a...

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