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IN RE JENNINGS

Nos. 11-50570-CRM, 10-88514-CRM.

454 B.R. 252 (2011)

In re James JENNINGS and Rubye Jennings, Debtors. In re Bryce Hill and Dena Hill, Debtors.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

July 11, 2011.

Attorney(s) appearing for the Case

E.L. Clark, Clark & Washington, P.C., Atlanta, GA, for Debtors.

MEMORANDUM OPINION ON CHAPTER 20 LIEN STRIPPING

C. RAY MULLINS, Bankruptcy Judge.

Introduction

The issue before the Court is whether a "chapter 20 debtor"—a debtor who is ineligible for a chapter 13 discharge pursuant to section 1328(f) of the Bankruptcy Code because of a recent chapter 7 discharge— may strip off1 the lien of a wholly underwater second mortgage ("lien stripping"). For the...

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