Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

§ 506(d)

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.)
ABI Membership is required to access the full summary of White, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion 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.)
ABI Membership is required to access the full summary of Lane, In re--Bank of New York Mellon v. Lane. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 19,2018, LexisNexis #1118-039

Quinones, In re--Quinones v. United States

Ruling: 
Court stripped off creditor's tax lien over various properties as creditor had no equityavailable. (Bankr. D.P.R.)
Court: Judge or Jurisdiction information not available
ABI Membership is required to access the full summary of Quinones, In re--Quinones v. United States. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on May 14,2007, LexisNexis #0218-017

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)
ABI Membership is required to access the full summary of Ingles, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion 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.)
ABI Membership is required to access the full summary of Ward, In re. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion 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.)
ABI Membership is required to access the full summary of Mason, In re--Sr. Rushmore Loan Mgmt. Servs. v. Mason. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion 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.)
ABI Membership is required to access the full summary of Kohout v. Nationstar Mortg., LLC (In re Kohout). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on November 10,2016, LexisNexis #1216-040

HSBC Bank USA N.A. v. Blendheim (In re Blendheim)

Ruling: 
"Chapter 20" debtors properly allowed to void lien securing disallowed claim.
ABI Membership is required to access the full summary of HSBC Bank USA N.A. v. Blendheim (In re Blendheim). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 01,2015, LexisNexis #1015-120

Bank of Am. N.A. v. Caulkett

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.
ABI Membership is required to access the full summary of Bank of Am. N.A. v. Caulkett. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 01,2015, LexisNexis #0715-050

In re Blackburn

Ruling: 
Debtor could not strip down IRS lien secured by interest in all of debtors' property.
ABI Membership is required to access the full summary of In re Blackburn. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 03,2015, LexisNexis #0315-044

Pages

Subscribe to § 506(d)