Lien Stripping in Chapter 20 Bankruptcy: A Permissible Relief to Debtors

Johns, Jessica L.

Journal: Emory Bankruptcy Developments Journal

Volume: 32

First Page: 471

Year: 2016

Bluebook Citation: 32 EMORY BANKR. DEV. J. 471 (2016)

Author: Jessica L. Johns: all 2 publications


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  • 2018In re Washington Bankr. C.D. Cal.

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Abstract

Chapter 20 bankruptcy cases arise when a debtor files for chapter 13 after completing a chapter 7 case. Lien stripping is a benefit available to certain debtors in bankruptcy and it removes an unsecured lien from property. The removal of the part of a lien that is partially unsecured is called a 'strip down,' whereas the removal of a completely unsecured lien is called a 'strip off.' The Supreme Court has held that a 'strip down' in both a chapter 7 and a chapter 13 are impermissible modifications of a secured claim. Recently, the Supreme Court held in Bank of America, N.A. v. Caulkett that a strip off in chapter 7 is also impermissible.

This Comment argues that despite the recent Caulkett decision, lien stripping in chapter 20 remains permissible. Additionally, there is a body of case law indicating that circuit courts are permitting.

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