Secured Creditors Beware: Ninth Circuit Holds a Chapter 13 Debtor may Avoid Liens Even if not Entitled to a Discharge
The Creditors Rights
MARCH 15, 2016
Congress enacted § 1328(f) of the Bankruptcy Code when its passed BAPCPA. For some unknown reason, HSBC never responded to the debtors’ objection, and the bankruptcy court entered an order disallowing HSBC’s secured claim. The Ninth Circuit in In the Matter of Blendheim , 803 F.3d 3d 477 (9 th Cir. Timm , 502 U.S.
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