Case Summary:
Plaintiff filed this adversary seeking to avoid a second mortgage on her residence. Plaintiff argued the value of her home was so low that it would not satisfy the first mortgage, and therefore there was no value to which Defendants' second mortgage could attach. Defendants disagreed with Plaintiff's valuation. The Court ruled the value of the house was high enough to satisfy the first mortgage with some left over for the second. In reaching that conclusion, the Court noted the Defendants' appraiser was more persuasive because he had experience in selling houses, rather than simply appraising them. Having found the claim was partially secured, the Court determined the lien was unavoidable.

Statute/Rule References:
11 U.S.C. § 1322(b)(2) -- Modification of Rights of Secured Claimants
Fed. R. Bankr. P. 3012 -- Valuation

Key Terms:
Valuation