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ARTICLE · 24 NOVEMBER 2015

In re Travers

Stoll Keenon Ogden PLLC
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The bankruptcy court rejects the creditor's argument that its wholly underwater lien on the Chapter 13 debtors' residence cannot be avoided based on § 1322(b)(2).

United StatesInsolvency/Bankruptcy/Re-Structuring
Matt Lindblom
Matt Lindblom
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Source: https://mattlindblom.wordpress.com/2015/11/23/in-re-travers/

(Bankr. E.D. Ky. Nov. 18, 2015)

The bankruptcy court rejects the creditor's argument that its wholly underwater lien on the Chapter 13 debtors' residence cannot be avoided based on § 1322(b)(2). The creditor argued that the Supreme Court's recent decision in Bank of America, N.A. v. Caulkett mandates that result, despite the fact that prior Sixth Circuit precedent makes clear that a Chapter 13 debtor may strip off such a lien. The court holds that Caulkett does not apply and it is required to comply with the prior Sixth Circuit precedent because it has not been overruled. Opinion below.

2015-11-16 – in re travers

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