Shelton, et al v. CitiMortgage, Inc., No. 12-6040 (8th Cir. 2012)
Annotate this CaseDebtors appealed the bankruptcy court's order granting CitiMortgage's motion to dismiss debtors' adversary proceeding seeking the avoidance of CitiMortgage's lien on debtors' residence. The court concluded that a secured creditor's lien could not be avoided under 11 U.S.C. 506(d) based solely on the fact that the creditor's claim had been disallowed for untimeliness. Accordingly, the court affirmed the judgment.
Court Description: Bankruptcy Appellate Panel. A creditor's lien cannot be avoided under Sec. 506(d) solely because the claim has been disallowed for untimeliness. [ September 21, 2012
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