· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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