Davis v. TD Bank (In re Davis)

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.
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Consumer case opionion summary, case decided on March 30,2011, LexisNexis #0411-131