Lievsay v. Western Financial Savings Bank (In Re Lievsay)

How courts have described this case

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

• “additional collateral language in the deed of trust is so closely associated with securing the primary residence that it prohibits Debtor from stripping down the lien under section 1123(b)(5)”
• Although Lievsay was a chapter 11 case, it ruled that “[g]iven the congressional intent to harmonize the two chapters’ treatment of home mortgages, and the nearly identical language of the two sections, we will use [§ 1322(b)(2)] cases to guide us[.]”
• modification under § 1123(b)(5) was denied when debtor failed to show that a home office added significant value to his property, or that the bank relied on the additional security offered by his home office in making the loan secured by the property
• modification under § 1123(b)(5) was denied when debtor 20 failed to show that a home office added significant value to his 21 property, or that the bank relied on the additional security 22 offered by his home office in making the loan secured by the 23 property

Source: CourtListener parenthetical corpus (CC0).