Ran into a friend of mine at a party over the weekend who does appearances at chapter 7 341’s. He said he’s appearing on bunches of cases for lawyers none of us have ever heard of, i.e., “newbys.” He said every day he gets a few clients that think their unsecured seconds are going to be stripped in the chapter 7. Peter Lively and Jim King I know are trying to find a case that they can try to strip the second, arguing that Dewsnup doesn’t apply to completely unsecured liens. I believe a case in Florida recently went that direction. But it hasn’t happened yet here.
Yes. Here:
http://scholar.google.com/scholar_case?q=In+re+McNeal&hl=en&as_sdt=2,5&as_ylo=2012&case=5438811717464807033&scilh=0