Lien Stripping and Modification

-

Link to Post:

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 . . .

It looks like you are not signed in or registered! This content is only available to members.

Or sign in below:

No Author Biography has been linked to this Article.

Related Articles

“Jan Hamilton” – Need We Say More?

September 25, 2022
Just prior to a confirmation docket in September of 2006, a local creditor attorney asked me if I would be interested in coming to work at his firm. The chapter 13 trustee was in the room and could not help but overhear. After the docket that trustee asked me if I was looking for a job. I wasn’t . ....
View Article
leffler4

The Uneasy Co-Existence of Federal and State Consumer Remedies in Bankruptcy Cases – the Fourth Circuit Weighs In

October 15, 2023
“Why do I need the FDCPA if there’s already a remedy under Rule 3001?” This is what the bankruptcy judge asked me when I brought an adversary proceeding against a claims buyer, alleging potential class claims under both the Fair Debt Collection Practices Act (“FDCPA”) and Bankruptcy Rule 3001(c)(2). The defendant had a business practice of filing high volumes of...
View Article
Members

Objections to Claims: Two of These Creditors Are Not Like the Others [1]

June 13, 2021
By Daniel M. Tavera, Law Clerk to the Honorable John P. Gustafson, U.S. Bankruptcy Court for the Northern District of Ohio (Toledo) Objections to claims may generally be served on the claimant by first-class mail to the person designated to receive notices on the most recent proof of claim for the creditor. This simplifies the service for claim objections for...
View Article
Members

Score One for the United States Bankruptcy Court in the Service of the African America Community[1]

August 11, 2019
By Selwyn D. Whitehead, Esq. Because inquiring minds need to know; below is a discussion of the Johnson Publishing Company, LLC’s Chapter 7 Liquidation Bankruptcy, Case No. 19-10236, which was filed in the United States Bankruptcy Court for the Northern District of Illinois, Eastern Division in Chicago on April 9, 2019, and its week-long auction from July 22-24, 2019. Here's...
View Article
Members
nationalguard

National Guard and Reservists Debt Relief Extension Act of 2023

December 31, 2023
The National Guard and Reservists Debt Relief Extension Act of 2023 (H.R. 3315) enacted on December 19, 2023 extends for an additional four years the existing exemption from the means test for qualifying reservists and National Guard debtors who are called to active duty or to perform a homeland defense activity for not less than 90 days. See 11 U.S.C. § 707(b)(2)(D)(i). A debtor...
View Article

No Room for Error? Determining Whether Your “Secured” Creditor Has a Fatally Deficient UCC-1

March 22, 2020
By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN) Click here for Part I Click here for Part II Part III - Description of Collateral Introduction The . . . It looks like you are not signed in or registered! This content is only available to members. Join Now Or sign in below: Username or Email Password Remember me...
View Article
Members
gustafson2

To Conduit, Or Not To Conduit? That Is The Question. Or Less Shakespearean: “Conduit Mortgage Case Law”

January 15, 2023
Conduit vs. Direct Mortgage Payments – The Case Law To Consider1 The requirement that debtors pay their mortgage payments to their Chapter 13 Trustee as a “conduit” has advantages and disadvantages. One advantage is the fact that the Chapter 13 Trustee’s records are readily accepted by both the court and creditors in the event of a payment dispute. This advantage...
View Article
Members
Copy of Hildebrand-2016

Fourth Circuit Pumps the Brakes

May 3, 2026
Chapter 13 plan’s compliance with the means test in § 1325(b) does not immunize the plan from the good faith requirement of § 1325(a) and an above median Chapter 13 debtor whose plan satisfies the mathematical requirements of the means test must still be proposed and filed in good faith.
View Article
Members
molly simons

The Unintended Filing Bar – Don’t Ignore MFR on Surrendered Property

June 26, 2022
Consider if you will that your client has just filed a Chapter 13 Bankruptcy. They have intelligently chosen to surrender a luxury item - a boat or 4-wheeler or even that extra vehicle they don’t need. Because the creditor would like to preserve the value of the collateral by obtaining possession quickly, they file a Motion for Relief shortly after...
View Article
Members
moran_cathy

Unpacking the Contingent SBA Guarantee

December 21, 2025
“The personal guarantee of an SBA loan to a non-debtor borrower who is then current is a contingent liability for purposes of Chapter 13 debt limits. . . . Intrigued, I dug deeper. And got more befuddled as I went.” See Also: The Guaranty That Got Away from the SBA
View Article
Members

Looking to Become a Member?

ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.

Webinars

These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.

Member Articles

Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.

Industry News

The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.

To get started, please let us know which of these best fits your current position:

Attorney
Trustee
Non-Profit
Government