When is a House a "Home"?
Amir Shachmurove was published in the American Bankruptcy Journal for an article titled, “When is a House a ‘Home’?” The article discusses the role played by § 1322 (b) (2) in the chapter 13 process when dealing with a debtor’s principal residence. He concludes, “Section 1322 (b) (2)’s failure to specify a date for its application is but one example of the Code’s chronic ambiguity. Unfortunately, this fact does not eliminate the judicial obligation to balance prose and purpose, creditor and debtor, in electing the requisite date. At present, most judges follow one of three flawed paths. For now, until Congress or the U.S. Supreme Court speaks, these imperfect interpretations will have to do.”