Posey v. Kinkaid (In re Kinkaid)
Feb
18
2011
Ruling
Divorce decree did not extinguish prior lien on debtor's property or entitle former spouse holding second lien to equitable subordination of the prior lien.
Procedural posture
Plaintiff creditor objected to (i) dischargeability of her debt, and (ii) defendant debtor receiving a discharge in the underlying bankruptcy. Also, the creditor sought a determination that her lien on certain real property owned by debtor was the first lien. Alternatively, to the extent that the court concluded that defendants' lien on that property was the senior lien, she sought subordination under 11 U.S.C.S. § 510(c). A trial was held.
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Court
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