McNeal Update, continued

This is a further update on stripping second mortgages in chapter 7 cases based on the McNeal decision.  Judge Hyman has approved stripping a second mortgage in a case that was not contested by the secured creditor. See In re McGunagle, 12-26187 (DE 28)(October, 2012). I am still not aware of a decision by a bankruptcy court in the Southern District of Florida granting a strip of a junior mortgage when the lender objected.



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