In re Young
Nov
07
2012
Ruling
Homeowners' association's fully unsecured lien could be stripped off.
Procedural posture
The chapter 13 debtor filed a motion to value her residence and to determine the status of a lien held by a homeowner's association (HOA). She contended that the lien should be deemed unsecured pursuant to 11 U.S.C.S. § 506.
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Court
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Flores v. TCF Bank (In re Flores)
Oct
01
2012
Ruling
Wholly unsecured second lien could be stripped off upon successful completion of plan.
Procedural posture
Plaintiff chapter 13 debtors filed a complaint against defendant bank pursuant to 11 U.S.C.S. § 506(a) and (d) and Fed. R. Bankr. P. 3012 and 7001(2) seeking to determine the value of the bank's interest in the debtors' residential real estate and to determine the status of the bank's claims.
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Court
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Shelton v. CitiMortgage Inc. (In re Shelton)
Sep
24
2012
Ruling
Avoidance proceeding properly dismissed where sole grounds for avoidance of lien was untimeliness of proof of claim.
Procedural posture
Appellant debtors sought review of a decision from the United States Bankruptcy Court for the Eastern District of Arkansas, granting appellee creditor's motion to dismiss the debtors' adversary proceeding seeking the avoidance of the creditor's lien on the debtors' residence.
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Court
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Judge or Jurisdiction information not available
Christo v. Wells Fargo Bank (In re Christo)
Sep
04
2012
Ruling
Chapter 7 debtors could not strip off allowed unsecured junior lien.
Procedural posture
Defendant creditor filed a motion to dismiss the adversary proceeding brought by plaintiff discharged chapter 7 debtors, which ostensibly sought a determination that the second mortgage held by the creditor against their residence should be avoided.
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Court
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Woolsey v. Woolsey (In re Woolsey)
Sep
04
2012
Ruling
Second mortgage that was secured under state law could not be voided in chapter 13 case even though unsupported by value in collateral.
Procedural posture
Appellee creditor objected to appellant debtors' chapter 13 plan. The bankruptcy court rejected the plan, and the United States District Court for the District of Utah affirmed. The debtors appealed.
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Court
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Judge or Jurisdiction information not available
In re Parks
Aug
16
2012
Ruling
Rents that were subject of an absolute assignment were not property of the estate but ordered to be collected directly by creditor.
Procedural posture
Movant, a chapter 13 debtor who had defaulted on a note held by a creditor and secured by a mortgage and an absolute assignment of rents, sought confirmation of a plan that provided for monthly plan payments against a "cramdown" amount. The creditor objected to the plan. Issues included the amount that was actually due on the note and the effect, if any, of 11 U.S.C.S. § 506(d) on the rights of the parties.
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Court
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Hill v. South Central Bank (In re Hill)
May
31
2012
Ruling
Wholly unsecured third lien on debtor's property could be avoided.
Procedural posture
Debtors brought an adversary proceeding against creditor seeking a determination that the creditor's third position mortgage lien against the debtors' real property was void under 11 U.S.C.S. § 506(d).
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Court
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Vazquez v. Bank of Am.
Nov
18
2011
Ruling
Lien stripped off due to lack of value and equity in subject property.
Procedural posture
Debtor brought an adversary proceeding against bank which held a second mortgage lien against the debtor's real property, seeking a determination of the validity of the bank's lien and alleging that the lien was void. The bank did not respond to the complaint.
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Court
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Smoot v. Wachovia Mortg. (In re Smoot)
Nov
01
2011
Ruling
Wholly unsecured junior mortgage on debtor's residence could stripped off.
Procedural posture
Plaintiff Chapter 7 debtor filed an adversary proceeding against defendant mortgage company, seeking a determination that a junior mortgage the company held on the debtor's residence could be stripped off pursuant to 11 U.S.C.S. § 506 because it was wholly unsecured. The parties filed cross-motions for summary judgment on the debtor's claim.
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Court
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Chism v. Bank of Am. (In re Chism)
Oct
14
2011
Ruling
Wholly secured junior mortgage was subject to strip off.
Procedural posture
Plaintiff Chapter 13 debtor filed a complaint against defendant, the holder of a second mortgage lien on debtor's real property, pursuant to 11 U.S.C.S. § 506(a) and Fed. R. Bankr. P. 3012, to determine the validity of the holder's lien.
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Court
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