Wayne Richard Lukaszewski and Christina McCray Lukaszewski, 25-31101

The Lukaszewskis filed for Chapter 13 bankruptcy in February 2025.
They listed a significant loan from the U.S. Small Business Administration (SBA) as an unsecured debt in their bankruptcy schedules.
The SBA loan was originally made to "Christina McCray Real Estate," an entity not listed as a debtor or trade name in the bankruptcy case.
Christina McCray Lukaszewski personally guaranteed the SBA loan; SBA did not perfect any security interest in personal assets of the Lukaszewskis.
The Chapter 13 Trustee moved to dismiss or convert the case, arguing total unsecured debts exceeded the eligibility limit under 11 U.S.C. § 109(e).
The Lukaszewskis opposed, claiming the SBA loan should be considered secured despite lack of perfection or collateral securing the guaranty.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the SBA debt is unsecured	SBA loan is unsecured	Loan should be counted as secured	Unsecured; limit exceeded
Eligibility under § 109(e)	Exceeds debt limit	Debt limit not exceeded if secured	Ineligible for Ch. 13
Effect of unperfected security interest	Not secured to debtors	Security agreement creates secured	No secured claim for debtors
Liability on personal guaranty	Guaranty is unsecured	Guaranty confers secured status	Guaranty is unsecured

In re Pearson, 773 F.2d 751 (6th Cir. 1985) (courts rely on debtor's schedules for eligibility, subject to good faith)
In re Scovis, 249 F.3d 975 (9th Cir. 2001) (eligibility determined by schedules and good faith)