Kirk Eugene Frantz and Mary Elizabeth Frantz

Good Law
United States Bankruptcy Court, Central District of CaliforniaJune 16, 20236:15-bk-19432California3,822 words

Opinion

Trial Court Opinion

I. Background

21 On September 25, 2015, Kirk & Mary Frantz (collectively, “Debtors”) filed a Chapter 13 voluntary 22 petition. On October 22, 2015, Debtors filed a motion to avoid the junior lien of John Irving, Trustee of 23 the Irving Family Trust (“Irving Family Lien”), pursuant to 11 U.S.C. § 506 (“Lien Avoidance 24 Motion”). On November 18, 2015, the Court entered an order conditionally granting the Lien Avoidance 25 Motion. The Court’s order expressly provided that avoidance of the Irvine Family Lien was effective 26 27 upon, and contingent upon, “completion of the chapter 13 plan.” [Dkt. No. 27, sections 4(b)(2) and (6)].

28 1 Lien avoidance in chapter 13 cases requires a two-step process. In the first step, a debtor files a motion to value the collateral, which must be resolved contemporaneously with the confirmation of a chapter 13 plan. A lien, however, is not actually avoided until a debtor completes the chapter 13 plan, meaning all the plan payments are made. In the second step, a 2 On December 21, 2015, Debtors’ Chapter 13 plan was confirmed, pursuant to which, in part, Debtors 3 were to make direct mortgage maintenance payments to The Bank of New York Mellon…

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