Order Voiding Junior Mortgage Lien In This Chapter 13 Case

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF NEW YORK --------------------------------------------------------In re: Case No. Chapter Debtor(s). ---------------------------------------------------------ORDER VOIDING JUNIOR MORTGAGE LIEN IN THIS CHAPTER 13 CASE A motion (the "Motion ") was filed by ___________________ ("Movant") for entry of an order determining that the junior mortgage lien of ____________________ as a lien of record against the Debtor['s'] real property located at _____________________________________ (the "Property") is void as being wholly unsecured under 11 U.S.C. §§ 506(a) and 1322(b) and reclassifying the secured claim of ______________________ (Claim No.____) as an unsecured claim. A hearing was held on _________. It appears that due and sufficient notice of the Motion and the hearing thereon was provided and ___________________________________________ NOW, after due deliberation and sufficient cause appearing therefor; it is hereby American LegalNet, Inc. www.FormsWorkFlow.com ORDERED, that pursuant to 11 U.S.C. §§ 506(a) and 1322(b), the Motion is GRANTED; and it is further ORDERED, that the junior mortgage lien on the Property held by ____________________, as evidenced by the original mortgage duly recorded with the Clerk of _______________ County, State of New York, on _____________ in the original amount of ___________ in Liber ___ at Page ____, shall be treated as wholly unsecured during the pendency of the Debtor['s'] Chapter 13 plan; and it is further ORDERED, that any claim filed on account of the junior mortgage lien of ___________________ (Claim No. ___) shall be treated as wholly unsecured during the pendency of the Chapter 13 case; and it is further ORDERED, that upon the filing by the Chapter 13 trustee of a Certification of Completed Chapter 13 Plan with this Court, the junior mortgage lien held by ____________________ described above shall automatically become void, released and discharged; and it is further ORDERED, that the Debtor(s) may present a certified copy of this Order and a copy of the Certification of Completed Chapter 13 Plan filed by the Chapter 13 trustee with this Court to the Clerk of _______________, who may mark the aforesaid junior mortgage lien held by ____________________ as discharged from the Debtor['s'] real property located at _____________________________________. ### American LegalNet, Inc. www.FormsWorkFlow.com