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· 5/16/2011

In Re Okosisi

Citations

  • 451 B.R. 90
  • 2011 Bankr. LEXIS 2244
  • 2011 WL 2292148

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that in a typical chapter 13 case, the lien avoidance becomes permanent upon entry of discharge
  • holding that “[u]nder Nobelman and Zimmer ... when a creditor is wholly unsecured after application of Section 506(a), the creditor has only an unsecured claim for purposes of Section 1322(b)(2). The creditor is not the holder of a secured claim, and as such, Section 1325(a)(5
  • stating that because the discharge 7 injunction only applies to the debtor’s personal liability, “the discharge itself has no affect [sic] 8 on liens, and the creditor is free to foreclose upon the case’s conclusion without violating the 9 discharge injunction”
  • “[Cjhapter 20 bankruptcy is permissible under the Code, and [debtors] may take advantage of all available chapter 13 restructuring tools,” including lien stripping.
  • explaining lien avoidance in a typical Chapter 13 case
  • a detailed discussion of the \fourth-option\

Source: CourtListener parenthetical corpus (CC0).

Judges: Bruce A. Markell

Read full opinion on CourtListener

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.