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§ 506(d)

Riddle, In re Riddle v. Rushmore Loan Mgmt. Servs., LLC

Ruling
Plaintiff alleged sufficient injury in proceeding to invalidate creditors’ lien to establish U.S.Const. art. III standing. (Bankr. N.D. Tex.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Commercial opinion summary, case decided on September 18, 2023 , LexisNexis #1123-086

Terrence P. In re--Kriss v. United States

Ruling
Dismissal affirmed as bank's failure to file a proof of claim would not undermine the validityof its mortgage lien or its rights under state law. (11th Cir.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 17, 2022 , LexisNexis #0123-63

Santoli, In re

Ruling
Motion to void a bank lien was denied as an adversary proceeding was required. (Bankr.S.D.N.Y.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on September 21, 2021 , LexisNexis #1121-032

Lopez, In re--Lopez v. Specialized Loan Servicing LLC

Ruling
Chapter 13 debtor could strip off an unsecured lien from real property held in joint tenancywith right of survivorship with a non-debtor. (Bankr. E.D. Va.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on October 07, 2019 , LexisNexis #1219-004

White, In re

Ruling
Motion to void a pawnshop's lien was denied as debtor was not seeking the determination ofsecured status in the context of a Chapter 13 confirmation process. (Bankr. W.D. Okla.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on June 11, 2019 , LexisNexis #0819-060

Lane, In re--Bank of New York Mellon v. Lane

Ruling
Court reversed judgment voiding creditor's first-position lien where the lien remained against the property notwithstanding the final determination that the creditor could not enforce it. (B.A.P. 9th Cir.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on September 19, 2018 , LexisNexis #1118-039

Ingles, In re

Ruling
Court granted bank's motion to reform the mortgage where debtor's bankruptcy dischargedoes not change the validity of the mortgage lien. (Bankr. N.D. Iowa)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on August 04, 2017 , LexisNexis #0917-007

Ward, In re

Ruling
Second deed of trust was wholly unsecured and may be avoided. (Bankr. E.D.N.C.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on July 19, 2017 , LexisNexis #0817-098

Mason, In re--Sr. Rushmore Loan Mgmt. Servs. v. Mason

Ruling
Court granted summary judgment in favor of debtor because debtor met the minimumrequirements for voiding creditor's lien. (Bankr. S.D. Miss.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on January 27, 2017 , LexisNexis #0317-010

Kohout v. Nationstar Mortg., LLC (In re Kohout)

Ruling
Disallowance of proof of claim on procedural grounds did not void creditor’s lien. (Bankr. N.D.N.Y.)
Issue(s)
Determination of Secured Status; Liens Securing Disallowed Claims Void.

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Consumer opinion summary, case decided on November 10, 2016 , LexisNexis #1216-040