Lien Stripping and Modification

By The Honorable William Houston Brown (Retired)

Section 506(d) applies in Chapter 13.  Agreeing with In re Woolsey, 696 F.3d 1266 (10th Cir. 2012), the Seventh Circuit held that § 506(d) applies in Chapter 13, and Dewsnup v. Timm, 502 U.S. 410 (1992), did not distinguish between Chapter 7 and 13 cases, preventing the debtor from using § 506(d) as a means to void a partially secured IRS tax lien.  The court noted that Chapter 13 provides alternative means of avoiding liens.  Ryan v. United States (In re Ryan), ____ F.3d ____, 2013 WL . . .

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