Case Type: Real Estate
Opposing Party: Bankruptcy Debtor
Summary:
Our client was owed over $145,000.00 for money loaned to a property owner, secured by a lien on the property. In order to avoid repaying our client, the property owner filed a chapter 13 bankruptcy and refused to recognize the secured debt.
Then, in hopes of avoiding our client’s lien, the property owner filed an adversary proceeding in his bankruptcy. In response, we successfully argued that the debt is secured and must be included in the property owner’s chapter 13 plan. Because the property owner was unable to propose a chapter 13 plan that included our client’s secured claim, the court granted our motion to dismiss the bankruptcy, including his adversary proceeding.