Legal Opinion

Oregon Ex Rel. Director of the Department of Veterans' Affairs v. Lange (In Re Lange)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 24, 1990No. BAP No. OR-89-1502-JMeV, Bankruptcy No. 388-04260-S07, Adv. No. 88-0560(S)PublishedCited by 21 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge.

The State of Oregon, Department of Veterans’ Affairs (“DVA”) appeals a bankruptcy court order reducing its lien on debtor’s property to the value of the property pursuant to 11 U.S.C. § 506. We reverse.

FACTS

This adversary proceeding was initiated when Chapter 7 debtor, Donald G. Lange, filed a complaint pursuant to 11 U.S.C. § 506(d) to avoid the undersecured portion of DVA’s lien on his property. DVA holds a $46,000.00 consensual first mortgage against Debtor’s residence. At the time the complaint was filed the property had a fair market value of $42,000.00. In…

2Cases cited13 opinions

Mountain States Telephone & Telegraph Co. v. Pueblo of Santa AnaSupreme Court of the United States · 1985
In Re Lamar Dewsnup and Aletha Dewsnup, Debtors. Lamar Dewsnup, Aletha Dewsnup v. Louis L. TimmCourt of Appeals for the Tenth Circuit · 1990
In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
Tanner v. FinanceAmerica Consumer Discount Co. (In Re Tanner)United States Bankruptcy Court, W.D. Pennsylvania · 1981
In the Matter of Paul D. Folendore and Helen H. Folendore, Debtors. Paul D. Folendore and Helen H. Folendore v. U.S. Small Business AdministrationCourt of Appeals for the Eleventh Circuit · 1989

8 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
Laskin v. First National Bank (In Re Laskin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
Pace v. Battley (In Re Pace)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
In Re VirelloUnited States Bankruptcy Court, D. South Carolina · 1999

16 more not listed; retrieve them via the Exa API.