DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
116012P.pdf 08/29/2011 Michael Fisette v. Jasmine Keller
U.S. Court of Appeals Case No: 11-6012
U.S. Bankruptcy Court for the District of Minnesota - St. Paul
[PUBLISHED] [Schermer, Author, with Venters and Nail, Circuit
Judges]
Bankruptcy Appellate Panel. Debtor was an aggrieved party with
standing to appeal confirmation of his Chapter 13 plan; a debtor may
generally strip off a wholly unsecured lien on his principal residence; the
strip off of a wholly unsecured lien on a debtor's principal residence is
effective upon completion of his obligations under his plan and is not
contingent on his receipt of a Chapter 13 discharge; on remand, the debtor
must amend his plan to provide for proper treatment of the junior
lienholders' claims as unsecured nonpriority claims, and the district court
should consider whether the debtor's plan complies with these additional
requirements for confirmation.