Summary

Portrait of Harry Blackmun Harry Blackmun Dewsnup v. Timm — Opinion of the Court

We think, however, that the creditor's lien stays with the real property until the foreclosure. That is what was bargained for by the mortgagor and the mortgagee. The voidness language sensibly applies only to the security aspect of the lien and then only to the real deficiency in the security. Any increase over the judicially determined valuation during bankruptcy rightly accrues to the benefit of the creditor, not to the benefit of the debtor and not to the benefit of other unsecured creditors whose claims have been allowed and who had nothing to do with the mortgagor-mortgagee bargain.
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Dewsnup v. Timm — Opinion of the Court

This reading of § 506 (d) , according to respondents and the United States, gives the provision the simple and sensible function of voiding a lien whenever a claim secured by the lien itself has not been allowed. It ensures that the Code's determination not to allow the underlying claim against the debtor personally is given full effect by preventing its assertion against the debtor's property.
Source: Wikisource

Portrait of Harry Blackmun Harry Blackmun Dewsnup v. Timm — Opinion of the Court

As we read their several submissions, the parties and their amici are not in agreement in their respective approaches to the problem of statutory interpretation that confronts us. Petitioner-debtor takes the position that § 506 (a) and § 506 (d) are complementary and to be read together. Because, under § 506 (a) , a claim is secured only to the extent of the judicially determined value of the real property on which the lien is fixed, a debtor can void a lien on the property pursuant to § 506 (d) to the extent the claim is no longer secured and thus is not "an allowed secured claim."
Source: Wikisource

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