Bessette v. Bank One (In Re Bessette)

OPINION GRANTING DEFENDANT BANK ONE, MICHIGAN’S MOTION TO DISMISS

ARTHUR J. SPECTOR, Chief Judge.

Defendant Bank One, Michigan (“Bank One”) moves the Court to dismiss the Plaintiffs’/Debtors’ adversary complaint to avoid its lien on the Debtors’ residential property under 11 U.S.C. § 506(d). 1 The Court will grant Bank One’s motion because even if the Court assumes that all the allegations of fact in the Debtors’ complaint are true, neither § 506(d) nor any other provision of the Bankruptcy Code entitles the Debtors to the relief requested.

I. Facts

The Debtors filed a voluntary petition for…