Case Summary:
Debtor's motion for valuation of the lien of the USA-FmHA at $21,000 is denied. Supreme Court's decision in Dewsnup v. Timm, 116 L. Ed. 2d 903 (1992), prevents chapter 7 debtors from "stripping down" the lien of a creditor to the judicially determined value of the collateral. Debtors' attempts to distinguish Dewsnup on its facts are without merit.
Statue/Rule References:
11 U.S.C. § 506(d) -- "Strip Down"
Key Terms:
“Strip Down”
File:
Judge:
Date:
Monday, April 6, 1992