I have written previous posts on the McNeal case. On January 18, 2013, Judge Cristol sitting in the Miami bankruptcy division granted a motion to strip a second mortgage in a chapter 7 in a contested case. This is apparently the first motion granted in the Southern District of Florida including Fort Lauderdale bankruptcies where the mortage holder filed and briefed an objection to the motion to value. In re Bertan, 2013 Bankr Lexis 216(Bankr. S. D. FL 2013)(Case No 11-27057).
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As an update to the Bertan case, the creditor has filed a motion for this case to be reconsidered by all of the local bankruptcy judges in an en banc hearing.