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  5. 654 B.R. 927 (2023)
 

IN RE BUETTNER

Case No. 16-26531-C-13G Adv. Pro. No. 22-02015-C Consolidated DCN BWW-001 Case No. 15-21528-A-13C Adv. Pro. No. 22-02038-C Consolidated DCN BWW-001.

654 B.R. 927 (2023)

IN RE: Hal Edwin BUETTNER, III, and Michele Kay Elkins, Debtors. Hal Edwin Buettner, III, and Michele Kay Elkins, Plaintiffs, v. PHH Mortgage Corporation, Defendants. In re: Kevin Randall Krone, Debtor. Kevin Randall Krone, Plaintiff, v. PHH Mortgage Corporation, and Deutsche Bank National Trust Company, Defendants.

United States Bankruptcy Court, E.D. California.

Amended: October 17, 2023.

Attorney(s) appearing for the Case

Mary Catherine Sullivan Kamka , Troutman Pepper Hamilton Sanders LLP, San Francisco, CA, Benjamin White , Troutman Pepper Hamilton Sanders LLP, San Diego, CA, for Defendant.

Peter G. Macaluso , Sacramento, CA, for Plaintiff.

OPINION

Wholly unsecured junior mortgages may be "stripped off" and rendered "void" in chapter 13 cases by virtue of 11 U.S.C. §§ 506(d) and 1322(b)(2) once plan payments are complete. The chapter 13 plan confirmation order determines the rights of the junior mortgagee. The problem is how...

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