In re Morgan

(Bankr. E.D. Ky. Feb. 3, 2015)

The bankruptcy court grants the secured creditor’s motion for stay relief with respect to real property owned by the debtor and his daughter. The court finds that the debtor has no equity in the property and, because he claimed his principal residence was elsewhere (although the property was his principal residence only weeks before filing the chapter 13 petition), the property was not necessary to an effective reorganization. Opinion below.

2015-02-03 – in re morgan

Author: Matt Lindblom

2 thoughts on “In re Morgan

  1. Reblogged this on Kentucky Bankruptcy Attorney – Call Toll Free Today 1-888-651-9353 or 270-651-7777 and commented:
    An interesting case from the Bankruptcy Court for the Eastern District of Kentucky regarding switching homesteads from one residence to another right before filing bankruptcy for purposes of lien modification of the old “non” residence real estate … and other issues ! An interesting read … thanks to Kentuckiana Bankruptcy Opinions for the post !

    • Yes, it’s interesting that the Court makes clear that it won’t get into the issue of whether the debtor should be permitted to establish a new principal residence for that purpose. “That the Debtor now chooses to make his ex-wife’s house his residence, without more, will not be disturbed by the Court.” Thanks for the comment and re-blog, John!

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