Bank of N.Y. Mellon v. Lane (In Re Lane)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
BRAND, Bankruptcy Judge:
Appellants, The Bank of New York Mellon ("BONY") and Bayview Loan Servicing, LLC, appeal a judgment voiding BONY's asserted first-position lien against the debtor's residence under § 506(d) 1 , after the court had previously disallowed BONY's claim and the debtor had completed his chapter 13 plan and received a discharge. The debtor had objected to BONY's proof of claim based on lack of standing. BONY failed to respond to the claim objection, and the claim was disallowed. After plan completion, BONY sought reconsideration of the order disallowing the claim; it was…
2Cases cited36 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Dewsnup v. TimmSupreme Court of the United States · 1992
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
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3Cited by9 opinions
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- Dickson v. Abrams, Jr.United States Bankruptcy Court, D. Oregon · 2021
- In re: ANTONIA ANDRADE-GARCIAUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2022
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