Discharge of Debt Does Not, Necessarily, Remove Secured Lien

By Douglas B. Jacobs, Jacobs, Anderson, Potter & Chaplin, LLP (Chico, CA)

Remember those days in law school when the professor tried to explain the difference between “a debt” and “a lien”? Well, here we are again. In bankruptcy, that distinction can be very important.
“A debt”, according to Black’s Law Dictionary is “a sum of money due by contract.”

“A lien” is defined by Black’s Law Dictionary as “A qualified right of property which a creditor has in or over specific property of his debtor, as security for the debt …”

For example . . .

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

November 1, 2020
Lloyd T. Kraus was appointed as a Chapter 13 Standing Trustee for the Eastern District of Texas on August 1, 2019. While Kraus loves his job, he would much rather still be serving as a staff attorney to his best friend and mentor John Talton. Talton was tragically killed in a traffic accident in October of 2018. Kraus received his...
Members
September 22, 2019
By The Honorable William Houston Brown (Retired) Chapter 7 trustee’s avoidance of post-petition mortgage lien. After filing Chapter 7, the debtor, without prior authority, refinanced property of the estate twice and the trustee sought avoidance of the mortgage lien under § 549. No defense was available because the mortgagee did not qualify as a good faith transferee, having knowledge of...
Members
joseph 12-2024
December 29, 2024
From January: “Is it possible to voluntarily convert a chapter 13 case to chapter 7, and later reconvert back to chapter 13? There is a split of authority on whether this maneuver is allowed.”
Members
May 12, 2019
By Judge Michael A. Fagone & Career Law Clerk Ciera S. Dye III. Policy Considerations Where the statute does not provide definitive guidance, courts often turn to policy considerations. How do those considerations weigh out here? One answer is that policy considerations cut against imposing any sort of requirement of preapproval for postpetition borrowing by a consumer debtor. Several reasons...
Members
moran_cathy
May 21, 2023
For a system that is supposed to rehabilitate personal finances and set debtors back on their feet, Chapter 13 nationwide is schizophrenic about on- going retirement savings, divided about whether post petition contributions to retirement accounts preclude confirmation of a Chapter 13 plan. Too many courts, in my opinion, come down barring voluntary provisions for old age for the 5...
Members
moran_cathy
June 23, 2024
What do you know about FRBP 7041? Maybe younever gave it much thought. Here, Atty Moran shares her encounter with the rule which ended up at the 9th Circuit. She concluded that the “Withdraw” event on ECF enabled a trap for the unwary counsel and court.
Members
November 22, 2020
By M. Jonathan Hayes We are now eight months into the Small Business Reorganization Act of 2019, which took effect in February. The act attempted to establish a cheaper, quicker route for small businesses to reorganize under new Subchapter V of the bankruptcy code. Here are a few of my observations over the past several months. First, some small businesses...
May 3, 2020
By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...
Members
jen-lee
May 25, 2025
Didn’t have time to digest Jen Lee’s series of five articles which began in January?? Use this week to catch up – it’s good stuff!
Members
leffler4
September 14, 2025
“Verified as reported.” Three words that kill your client’s dispute—and fuel your next case.
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: