Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee, Nashville, TN

A Chapter 13 debtor need not receive a discharge in order to effect a lien avoidance; when the court has disallowed a secured claim, 506(d) permits the stripping of any lien asserted to support that claim. HSBC Bank v. Blendheim (Matter of Blendheim), 2015 WL 5730015 (9th Cir. October 1, 2015) (Bybee)

Case Summary

In 2007, the Blendheims filed a Chapter 7 bankruptcy receiving a discharge in 2009. The day after they received their Chapter 7 discharge . . .

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