Legal Opinion
Dewsnup v. Timm
Supreme Court of the United States
Decided January 15, 1992No. 90-741PublishedCited by 1,316 opinions
1Opinion of the CourtJustice Blackmun
We are confronted in this case with an issue concerning § 506(d) of the Bankruptcy Code, 11 U. S. C. § 506(d).1 May *412a debtor “strip down” a creditor’s lien on real property to the value of the collateral, as judicially determined, when that value is less than the amount of the claim secured by the lien?
I
On June 1, 1978, respondents loaned $119,000 to petitioner Aletha Dewsnup and her husband, T. LaMar Dewsnup, since deceased. The loan was accompanied by a Deed of Trust granting a lien on two parcels of Utah farmland owned by the Dewsnups.
Petitioner defaulted the following year. Under the…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
8 more not listed; retrieve them via the Exa API.
3Cited by1,316 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
- Saidou Dia v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2003
- In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
1,311 more not listed; retrieve them via the Exa API.