- 11 U.S.C.
Mathews v. US Bank (In re Mathews)
Mar
31
2011
Ruling
Debtors could not strip off IRS lien due to bad faith in using bankruptcy to obtain relief for non-debtor co-owner who was primary obligor.
Procedural posture
Plaintiff Chapter 13 debtor filed an adversary proceeding against defendants, a bank and the Internal Revenue Service ("IRS"), seeking an order under 11 U.S.C.S. § 506 which allowed her to strip-off the bank's second deed of trust and a tax lien the IRS placed on her residence. The bank failed to answer the debtor's complaint, but the IRS filed an answer. The debtor filed a motion for summary judgment.
ABI Membership is required to access the full summary of Mathews v. US Bank (In re Mathews) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: