Mihai Ofiteru and Evelyn Hyun Soon Ofiteru

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
MIHAI OFITERU and EVELYN HYUN
SOON OFITERU No. 08-12829
Debtor(s).
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Memorandum re Chapter 13 Eligibility
_________________
The issue before the court is whether a wholly unsecured junior deed of trust is to be counted as
secured or unsecured for Chapter 13 eligibility purposes under § 109(e) of the Bankruptcy Code. The
court agrees with Chief Judge Bowie’s opinion in In re Groh, 405 B.R. 674 (Bkrtcy.S.D.Cal 2009) that
such debt is counted as unsecured. Accordingly, this case will be dismissed 10 days after entry of an
appropriate order unless before that time the debtors have sought conversion to another chapter.
Counsel for objecting creditor JP Morgan Chase Bank shall submit an appropriate form of
order forthwith.
Dated: July 24, 2009
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Entered on Docket
July 24, 2009
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 08-12829 Doc# 56 Filed: 07/24/09 Entered: 07/24/09 13:38:22 Page 1 of 1