In re Travers

Posted on November 23, 2015. Filed under: Uncategorized |

Kentuckiana Bankruptcy Opinions

(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

Author: Matt Lindblom

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