HSBC Bank USA N.A. v. Blendheim (In re Blendheim)
Oct
01
2015
Ruling
"Chapter 20" debtors properly allowed to void lien securing disallowed claim.
Issue(s)
Are "Chapter 20" debtors ineligible for Chapter 13's lien-voidance mechanism, which allows a debtor to void or modify certain creditor liens on the debtor's property, permanently barring the creditor from foreclosing on that property?
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Court
:
Judge or Jurisdiction information not available
Bank of Am. N.A. v. Caulkett
Jun
01
2015
Ruling
A chapter 7 debtor may not void a junior mortgage lien under §506(d) when senior mortgage debt exceeds the property value if the creditor's claim is an allowed secured claim.
Issue(s)
Whether a debtor in a chapter 7 bankruptcy proceeding could void a junior mortgage under 11 U.S.C.S. § 506(d) when the debt owed on a senior mortgage exceeded the present value of the property?
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Court
: U.S. Supreme Court
In re Blackburn
Feb
03
2015
Ruling
Debtor could not strip down IRS lien secured by interest in all of debtors' property.
Issue(s)
Could debtors strip down multiple liens securing an IRS claim based on the value of one specific parcel of liened property?
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Court
:
In re Meddock
Dec
10
2014
Ruling
Bank's wholly unsecured second lien could be avoided based on valuation at petition date.
Issue(s)
Was petition date or date of motion the proper date for valuation of property on which debtor sought to avoid junior lien as unsecured?
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Court
:
Buford v. U.S. Bank Natl Assn (In re Buford)
Feb
12
2014
Ruling
Lien avoided where underlying claim was satisfied by refinancing.
Issue(s)
Could chapter 7 debtor avoid lien where underlying debt was satisfied by debtor's refinancing?
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Court
:
In re Surma
Feb
04
2014
Ruling
Rents assigned to mortgagee prepetition were not property of the estate and could not be used to fund reorganization.
Issue(s)
Whether rents assigned by chapter 11 debtor under a pre-petition absolute assignment of rents to a mortgagee could be used pursuant to a proposed plan of reorganization against only the secured portion of the bifurcated claim.
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Court
:
In re Princeton Office Park LP
Jan
31
2014
Ruling
LLC's claim for recovery of premium paid for tax lien disallowed on reconsideration.
Issue(s)
Should previously allowed claim relating to creditor LLC's purchase of tax certificates be disallowed on reconsideration?
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Court
:
Shelton v. Citimortgage Inc. (In re Shelton)
Nov
04
2013
Ruling
Lien was not void solely due to creditor's untimely claim.
Issue(s)
Was creditor's lien void due solely to the fact that the creditor's claim was untimely filed.
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Court
:
Judge or Jurisdiction information not available
In re Laycock
Sep
25
2013
Ruling
Debtor could not modify loan secured by property used by debtor as residence and for business.
Issue(s)
Could debtor bifurcate mortgage debt on property used as residence and for business and strip off unsecured portion .
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Court
:
Arenas v. Citibank (In re Arenas)
Aug
06
2013
Ruling
Wholly unsecured second lien could be stripped off.
Issue(s)
Whether chapter 13 debtors were allowed to treat a second mortgage a bank held on their residence as an unsecured claim in their bankruptcy plan.
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Court
: