· 1/30/1987
Estate Of Roger Lellock
Citations
- 811 F.2d 186
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “although an underlying debt is discharged in bankruptcy, the lien created before bankruptcy against property to secure that debt survives.”
- holding that an insurance policy is property of the estate within 11 U.S.C. § 541 even though the policy has not matured, has no cash surrender value and is otherwise contingent
- permitting a secured creditor’s valid pre-petition lien to be discharged would be “clearly repugnant to bankruptcy policy”
- “[Vjalid hens that have not been disallowed or avoided survive the bankruptcy discharge of the underlying debt.”
- court applied § 506(d) as amended by the 1984 Act in post-amendment contested matter in a case commenced in 1983
- assignment of life insurance proceeds constituted lien that was not discharged in bankruptcy
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.