In re Rosa

Good Law

2014 WL 6999380·2014 Bankr. LEXIS 4978·521 B.R. 337·72 Collier Bankr. Cas. 2d 1321

United States Bankruptcy Court, Northern District of CaliforniaDecember 10, 2014Case No. 14-44626 CNCalifornia2,435 words

Opinion

Lead Opinion

Novack, J.

Chapter

MEMORANDUM DECISION AND ORDER SUSTAINING DEBTOR’S OBJECTION TO EMC MORTGAGE PROOF OF CLAIM AND CONFIRMING CHAPTER 13 PLAN

On September 19, 2014 this court conducted hearings on the Debtor’s contested Second Amended Chapter 13 plan and her objection to the proof of claim filed by EMC Mortgage, LLC (“EMC”), which holds a second deed of trust against her Monterey residence. Chapter 13 Debtor Diana Rosa (“Rosa”) filed this ease soon after receiving a Chapter 7 discharge. This court already has entered an order in this Chapter 13 case valuing her Monterey residence at $350,000, which, given the amount due on the senior note, rendered EMC an unsecured elaimholder. Rosa now seeks to confirm her Chapter 13 plan, which will pay her unsecured creditors in full. Rosa does not believe that EMC holds an allowed, unsecured claim. The Chapter 13 Trustee disagrees, and she contends that Rosa’s Chapter 13 plan therefore will not fund.

Rosa filed this Chapter 13 case on January 15, 2013 following her receipt of a Chapter 7 discharge (in case no. 12-56842 ASW) on January 26, 2012. When she filed her Chapter 7 case, Rosa owned her residence located at 34 Work Avenue, Monterey,…

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