[CLBS] Lien avoidance in a Chapter 20 case

[D. Blair Clark]

That case, as I read it, was extremely careful to limit itself to CHAPTER 7
CASES.  Justice Thomas mentioned the phrase "Chapter 7 Debtor" or "Chapter 7
case" virtually every time he referred to the bankruptcy proceeding.  In
that regard, it's no different than Dewsnup.

 

D. Blair Clark

LAW OFFICES OF D. BLAIR CLARK PC

1513 Tyrell Lane, Suite 130

Boise, ID 83706

Telephone:    (208) 475-2050

Fax:               (208) 475-2055

 

 

 

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of James Meservy
Sent: Monday, July 13, 2015 11:21 AM
To: 'Alexandra Caval'; CLBS at admws.idaho.gov
Subject: Re: [CLBS] Lien avoidance in a Chapter 20 case

 

Alex , how does that, can that, square the with Supreme Ct case of approx. 1

mo/6 weeks ago?

 

-----Original Message-----

From: CLBS [ <mailto:clbs-bounces at admws.idaho.gov>
mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Alexandra Caval

Sent: Monday, July 13, 2015 10:56 AM

To:  <mailto:CLBS at admws.idaho.gov> CLBS at admws.idaho.gov

Subject: [CLBS] Lien avoidance in a Chapter 20 case

 

Last week the 9th Circuit BAP held that in Chapter 20 cases (a chapter 13 on
the heels of a chapter 7 case) the debtors can avoid a wholly unsecured
second mortgage and that the avoidance occurs at the completion of the plan.

 

 

Alexandra O. Caval

 

Caval Law Office, P.C.

 

P.O. Box 1716

 

Twin Falls, ID 83303-01716

 

T: 208.733.2035

 

F: 208.733.3919

 

< <mailto:alex at cavallawoffice.com> mailto:alex at cavallawoffice.com>
<mailto:alex at cavallawoffice.com> alex at cavallawoffice.com

 

 

 

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