Legal Opinion

Hamlett v. Amsouth Bank (In re Hamlett)

United States Bankruptcy Court, W.D. Virginia

Decided February 4, 2002No. Bankruptcy No. 7-98-02653; Adversary No. 7-00-00196Published

1Opinion of the Court

DECISION and ORDER

ROSS W. KRUMM, Chief Judge.

On October 23, 2000, the debtor commenced this adversary proceeding to determine and avoid the lien of Amsouth Bank. The debtor argues that the creditor’s liens are void pursuant to 11 U.S.C. § 506(d) because claim numbers 3, 4, 30, 31, 42, 44, and 45 were filed and subsequently disallowed by the court. On June 21, 2001, the court entered an order directing the parties to file agreed stipulations of fact by June 29, 2001, the debtor to file a brief in support of the motion to avoid lien by July 31, 2001, and the creditor to file a brief in…

2Cases cited8 opinions

Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
Dewsnup v. TimmSupreme Court of the United States · 1992
In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
Cen-Pen Corporation v. Walter E. Hanson Loraine P. HansonCourt of Appeals for the Fourth Circuit · 1995
In Re: Murray L. Deutchman, Debtor. Murray L. Deutchman, Debtor-Appellant v. Internal RevenueCourt of Appeals for the Fourth Circuit · 1999

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