Davis v. TD Bank (In re Davis)

Ruling: 
Debtors could avoid junior lien despite being ineligible for discharge.
Procedural posture: 
Movant debtors filed a petition under Chapter 13 of the Bankruptcy Code, and they proposed a plan for repaying their creditors and filed an amended motion seeking an order under 11 U.S.C.S. § 506 which avoided a junior lien respondent bank held on their residence. The bank that held the lien filed an filed an opposition to the debtors' motion and an objection to the debtors' plan.
Issue: 
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Consumer case opionion summary, case decided on March 30,2011, LexisNexis #0411-131