Dewsnup v. Timm
Dewsnup v. Timm, 502 U.S. 410 (1992)
- Court
- Supreme Court of the United States
- Decided
- 1992-01-15
- Docket
- 90-741
What happened
Ms. Dewsnup, in Chapter 7, asked to "strip down" a lien on her land to the land's current, lower value.
What the court decided
The Supreme Court held that a Chapter 7 debtor cannot use § 506(d) to strip down a lien to the collateral's judicially determined value.
Why it may matter to you
Chapter 7 and Chapter 13 treat home liens differently. Ask a bankruptcy lawyer which chapter fits your goal.
Why it might not apply
Chapter 13 has different rules for wholly unsecured junior liens.
Most useful when
- You hope Chapter 7 will reduce a mortgage to the home's value
How to cite it
The full citation for the first time you mention it, a short form for later, and a sample sentence you can adapt.
Dewsnup v. Timm, 502 U.S. 410 (1992)Short formDewsnup, 502 U.S. 410Draft — check it with free legal aid before you file or say it in court.
In Dewsnup v. Timm, 502 U.S. 410 (1992), the court held that a Chapter 7 debtor may not use Bankruptcy Code § 506(d) to strip down a lien on real property to the property's current value. Here, [say in one sentence what happened in your case]
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