BAP Decision Shows How ‘Plain Meaning’ Would Have Given the Wrong Result
An order disallowing a claim didn’t really mean the claim was disallowed.
A Wholly Unsecured Lien May Be Stripped Off Even if It Predated Ownership
Bankruptcy Judge Michelle Harner held that a wholly unsecured, subordinate lien may be stripped off in chapter 13 even if the lien arose before the debtor owned the property.
Bankruptcy Courts Have Statutory Power to Remove Voided Liens
Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.