Lindsey v. Federal Land Bank of St. Louis
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
Section 506(a) of the Bankruptcy Code, 11 U.S.C. § 506(a), provides that “an allowed claim of a creditor secured by a lien on property in which the [bankrupt] estate has an interest... is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property,” and beyond that is an unsecured claim. Section 506(d) provides (with immaterial exceptions) that a lien which is not an allowed secured claim is void. The combined effect of these subsections is to “strip down” a *190lien to the value of the security. The question for decision…
2Cases cited1 opinion
- In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
3Cited by2 opinions
- 17 Collier bankr.cas.2d 363, Bankr. L. Rep. P 71,898 in the Matter of Wayne Rodney Lindsey and Margaret A. Lindsey, Debtors: Wayne Rodney Lindsey and Margaret A. Lindsey v. Federal Land Bank of St. Louis and United States of America Acting Through Farmers Home Administration, a Division of the United States Department of Agriculture, Defendants- in the Matter of Louis Patrick Kness, Debtor: Louis Patrick Kness v. Federal Land Bank of St. Louis and Bank of ViolaCourt of Appeals for the Seventh Circuit · 1987
- El-Amin v. Stockton, Whatley, Davin & Co. (In re El-Amin)United States Bankruptcy Court, M.D. Florida · 1988