Legal Opinion
Yi v. Citibank (Maryland), N.A. (In Re Yi)
District Court, E.D. Virginia
Decided April 29, 1998No. 97-15011-SSM, CIV. A. No. 97-1729-APublishedCited by 42 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
The matter is before the Court on debtors’ appeal from the bankruptcy court’s order denying their motion for entry of a default judgment and dismissing the complaint for failure to state a claim. At issue is whether a debtor can avoid a lien on a property that is already encumbered by other, prior liens when the value of those prior liens exceeds the value of the property. In other words, the question is whether such a lien is unsecured under § 506(a) of the Bankruptcy Code and thus void under § 506(d).
I
Debtors Chong W. Yi and Keum J. Yi, husband and…
2Cases cited23 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- Wright v. Vinton Branch of Mountain Trust Bank of RoanokeSupreme Court of the United States · 1937
- Wright v. Union Central Life InsuranceSupreme Court of the United States · 1938
18 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- Laskin v. First National Bank (In Re Laskin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
37 more not listed; retrieve them via the Exa API.