§ 506(a)(1)

In re Casas

Ruling: 
Debtor could avoid junior lien on residence where creditor could not demonstrate that it was secured.
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Consumer case opionion summary, case decided on September 28,2014, LexisNexis #1214-046

Fair v. First Choice Am. Cmty. Fed. Credit Union (In re Fair)

Ruling: 
Petition date was the appropriate valuation date for determining secured status of lien.
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Consumer case opionion summary, case decided on July 21,2014, LexisNexis #0814-120

In re Marlow Manor Downtown LLC

Ruling: 
Two classes of creditors improperly classified as unimpaired where security was used up by claim that was prior in right.
Court: Judge or Jurisdiction information not available
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Commercial case opionion summary, case decided on March 24,2014, LexisNexis #0414-117

In re 114 Tenth Ave. Assocs.

A mortgagee whose claim against a chapter 11 debtor's estate was previously allowed filed a demand for interest. The mortgagee alleged that interest was due from the date of a foreclosure sale at the statutory prejudgment rate of 9 percent pursuant to N.Y. C.P.L.R. 5001(a).
Ruling: 
Mortgagee held secured claim for postpetition interest on mortgage secured by foreclosed property.
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Commercial case opionion summary, case decided on March 25,2011, LexisNexis #0711-033

Reid v. Citadel Fin. Credit Union (In re Reid)

Debtor brought an adversary proceeding against defendant, a secured creditor, seeking turnover of her recently repossessed automobile from the creditor, pursuant to 11 U.S.C.S. § 542(a). The debtor sought injunctive relief of turnover, damages, including punitive damages, and attorney's fees for violation of the automatic under 11 U.S.C.S. § 362(k).
Ruling: 
Bank entitled to compel abandonment of four parcels of real property in which there was no equity.
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Consumer case opionion summary, case decided on January 13,2010, LexisNexis #0310-082

In re Spears

Judgment and mechanics liens were asserted against commercial real property in which a bankruptcy debtor had an interest, and the debtor moved to avoid the liens under 11 U.S.C.S. § 506(a)(1) on the ground that the outstanding loan balance secured by the property exceeded the value of the property.
Ruling: 
Debtor could not use section 506 to avoid liens in chapter 7 case.
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Consumer case opionion summary, case decided on December 09,2009, LexisNexis #0110-046

Easthaven Marina Group LLC v. B&M Holdings LLC (In re Easthaven Marina Group LLC)

Debtor filed an action against a property seller alleging that the obligation asserted by the seller in its claim was invalid and unenforceable because of a faulty deed of trust. The debtor filed a motion for summary judgment.
Ruling: 
Faulty deed of trust gave rise to secured claim on theory of estoppel due to debtor's conduct.
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Commercial case opionion summary, case decided on March 13,2009, LexisNexis #0509-112

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