A Liquidated, Noncontingent Claim is considered a Secured Claim in Debtors’ chapter 13 case for purposes of § 109(e), even if the Collateral for Claim is Not Property of Debtors’ Bankruptcy Estate.

A Liquidated, Noncontingent Claim is considered a Secured Claim in Debtors’ chapter 13 case for purposes of § 109(e), even if the Collateral for Claim is Not Property of Debtors’ Bankruptcy Estate.

Before the Court is Creditor’s Emergency Motion (the “Motion”) seeking to convert Debtors’ chapter 13 case to a chapter 7 case because, Creditor contends, Debtors do not qualify as chapter 13 debtors under 11 U.S.C. § 109(e).

This issue is whether a liquidated, noncontingent claim against the Debtors is considered a secured claim in Debtors’ chapter 13 case for purposes of § 109(e) if the collateral for such claim is not property of Debtors’ chapter 13 bankruptcy estate.

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