From the Editor – Lien Stripping and Mortgage Modification

By The Honorable William Houston Brown (Retired)

Caulkett did not abrogate prior authority on stripping wholly unsecured junior lien. The Supreme Court’s recent decision in Bank of America, N.A. v. Caulkett, 135 S.Ct. 1995 (2015) did not overrule or abrogate Sixth Circuit authority, In re Lane, 280 F.3d 663 (6th Cir. 2002), which approved a Chapter 13 debtor’s stripping off a wholly unsecured junior lien under § 1322(b)(2). Caulkett held that stripping of such liens was not available in Chapter 7 because . . .

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