Legal Opinion
Harmon v. United States
Court of Appeals for the Eighth Circuit
Decided December 2, 1996No. Nos. 95-3420, 95-3520 and 95-3708PublishedCited by 44 opinions
1Opinion of the Court
BOWMAN, Circuit Judge.
This case presents a question of first impression in the Courts of Appeals: whether Chapter 12 of the Bankruptcy Code permits a debtor to “strip down” an undersecured creditor’s lien to the value of the collateral. We hold that it does and accordingly affirm the judgment of the District Court.1
I
In 1974, Delores Harmon and her late husband entered into a contract for deed to purchase 917 acres of real estate. Five years later, the Harmons obtained a loan from the Farmers Home Administration, now known as the Farm Service Agency (FSA), and granted the FSA a mortgage on the…
2Cases cited31 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Melkonyan v. SullivanSupreme Court of the United States · 1991
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- Dewsnup v. TimmSupreme Court of the United States · 1992
26 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- In Re Heritage Highgate, Inc.Court of Appeals for the Third Circuit · 2012
- Bankr. L. Rep. P 77,458 First National Bank Eureka State Bank v. Herbert Warren Allen, III Donna Mae AllenCourt of Appeals for the First Circuit · 1997
- Delores Harmon, Individually and as of the Estate of Ralph Harmon, Appellee/cross-Appellant v. United States of America, Acting Through the Farmers Home Administration, United States Department of Agriculture Thomas A. Lloyd, Assistant U.S. Attorney Dallas Tonsager, State Director of the Farmers Home Administration, Appellants/cross-Appellees. Delores Harmon, Individually and as of the Estate of Ralph Harmon v. United States of America, Acting Through the Farmers Home Administration, United States Department of Agriculture Thomas A. Lloyd, Assistant U.S. Attorney Dallas Tonsager, State Director of the Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1996
- Impac Funding Corp. v. Simpson (In Re Simpson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
39 more not listed; retrieve them via the Exa API.