Legal Opinion
In Re Bennett
United States Bankruptcy Court, W.D. Kentucky
Decided July 26, 2004No. 19-30641PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM ON MOTIONS TO AVOID
DAVID T. STOSBERG, Chief Judge.
These cases came before the Court on the motions to avoid liens filed by the debtors in the above-named cases. In each of the motions, the debtors seek to strip off the lien of the second lienholder by operation of 11 U.S.C. § 1322. “Stripping off’ a lien is a variant of “stripping down” a lien. The distinguishable characteristic is that in a strip off, the entirety of the lien is negated while in a strip down, the partially secured lien is bifurcated and only the unsecured portion is removed. In these cases, no creditor objected to…
2Cases cited15 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Dewsnup v. TimmSupreme Court of the United States · 1992
- In Re HudsonUnited States Bankruptcy Court, W.D. Michigan · 2001
- In Re KingUnited States Bankruptcy Court, C.D. Illinois · 2003
- In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- SLW Capital, LLC v. Mansaray-RuffinCourt of Appeals for the Third Circuit · 2008
- In Re BrooksUnited States Bankruptcy Court, C.D. Illinois · 2007
- In Re GiftUnited States Bankruptcy Court, M.D. Tennessee · 2012
- Bennett v. Springleaf Financial Services (In re Bennett)United States Bankruptcy Court, S.D. Ohio · 2012
- In Re PassavantUnited States Bankruptcy Court, S.D. Ohio · 2010
9 more not listed; retrieve them via the Exa API.