Critical Case Comment

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

Bank of America, N.A. v. Caulkett, – U.S. – , 135 S. Ct. 1995 (June 1, 2015): A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien when the debt owed on the senior mortgage exceeds the value of the collateral. (Justice Thomas)

Case Summary

In two consolidated cases, Caulkett and Toledo-Cardona, the debtors had each filed for Chapter 7 bankruptcy relief. In each of the cases, the debtors owned . . .

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