Kirk Eugene Frantz and Mary Elizabeth Frantz

Good Law
United States Bankruptcy Court, Central District of CaliforniaJanuary 27, 20236:15-bk-19432California7,380 words

Opinion

Trial Court Opinion

I. Background

24 On September 25, 2015, Kirk & Mary Frantz (collectively, “Debtors”) filed a Chapter 13 voluntary 25 petition. On October 22, 2015, Debtors filed a motion to avoid the junior lien of John Irving, Trustee of 26 the Irving Family Trust (“Irving Family Lien”), pursuant to 11 U.S.C. § 506 (“Lien Avoidance 27 Motion”). On November 18, 2015, the Court entered an order conditionally granting the Lien Avoidance 28 Motion. The Court’s order expressly provided that avoidance of the Irvine Family Lien was effective 2 upon, and contingent upon, “completion of the chapter 13 plan.” [Dkt. No. 27, sections 4(b)(2) and (6)].1

4 On December 21, 2015, Debtors’ Chapter 13 plan was confirmed, pursuant to which, in part, Debtors 5 were to make direct mortgage maintenance payments to The Bank of New York Mellon (“BNYM”). 6 The plan was subsequently modified three times. Pursuant to the third plan modification, Debtors took 7 advantage of the plan modification provision adopted during the pandemic for debtors who had 8 experienced a financial hardship due to COVID, suspending six plan payments and extending the plan 9 term eighteen months because they “had a roommate who left…

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