United States Ninth Circuit

In a bankruptcy action arising from debtors filing for Chapter 7 relief and Chapter 13 relief, the bankruptcy court's order that debtors were entitled to the voidance of creditor HSBC's lien under 11 U.S.C. section 506(d) is affirmed where 11 U.S.C. section 1328(f)'s bar on debtors receiving a Chapter 13 discharge within four years of a Chapter 7 discharge does not prevent the utilization of section 506(d)'s lien-voidance mechanism in the course of a Chapter 13 filing.

Appellate Information

• Decided 10/01/2015
• Published 10/01/2015

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel