Lino A Morales and Teresa Morales

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Case 09-43094 Doci5 Filed 04/14/10 Entered 04/14/10 13:28:12 Desc Main
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United States Bankruptey “urt

District of Whassachusetts
In re: )
LINO MORALES )
TERESA MORALES, ) Chapter 13
DEBTORS. )) Case No. 09-43094-JBR
)

DECISION AND ORDER ON DEBTORS’ OBJECTION TO BANK OF AMERICA C/O
BAC HOME LOANS PROOF OF CLAIM [#12]

This matter having come before the Court on the Debtors’ Objection to Bank of America
C/o BAC Home Loans Proof of Claim [#12] (the “Objection”) in which the Debtor is actually
seeking a determination that the second mortgage of Bank of America c/o BAC Home Loans (the
“Second Mortgage”) is wholly unsecured, and no responses having been filed, after due
consideration of the Objection, the Objection is ALLOWED, subject to the following terms and
conditions

1. The Second Mortgage is wholly unsecured and therefore may be stripped off pursuant
to 11 U.S.C . § 1322(b)(2).

2. Discharge of the Second Mortgage shall be effective upon (a) the Debtors’ completion
of their responsibilities under a confirmed Chapter 13 plan providing for the strip off of the
Second Mortgage and (b) the entry of an order of discharge.

3. Upon satisfaction of the conditions set forth in paragraph 2 above, the Debtors may
request that the holder of the Second Mortgage deliver a discharge, in recordable form, to the

Debtor within 14 days of the date of the Order of Discharge.

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 09-43094 Doci15 Filed 04/14/10 Entered 04/14/10 13:28:12 Desc Main
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4. The Second Mortgage shall not be stripped off in the event the case is dismissed prior
to the satisfaction of the conditions set forth in paragraph 2 above or converted to a case under
Chapter 7 of the Bankruptcy Code.

5. The hearing scheduled for April 20, 2010 on the Objection is canceled.

pee bewtlhe’

Joel B. Rosenthal
United States Bankruptcy Judge.

Dated: April 14, 2010