Brager v. Blum (In Re Brager)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The threshold issue in the case sub judice is whether we can make a determination as to the secured status of a third lienholder’s claim under section 506(a) of the Bankruptcy Code (“the Code”) where no proof of claim has been filed (and subsequently allowed under section 502(a) of the Code) for said claim pursuant to section 501. We conclude that the filing of debtors’ complaint to determine the secured status of the third lienholder’s claim constitutes a sufficient assertion of the third lienholder’s claim and, therefore, the complaint itself…