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Opinion 252

Case Name: 

Dewsnup v. Timm (In re Dewsnup), 87 B.R. 676 (Bankr.D.Utah)

Judge: 
Judge Clark
Date: 
Jun-15-1988
Case Number(s): 
87PC-0116
Status: 

PUBLISHED
See 908 F.2d 588

Body: 

Debtors filed an adversary action against a secured creditor, asserting that they could redeem abandoned secured property, pursuant to 11 U.S.C. § 506(d), by paying creditor the property's fair market value. Debtors argued that, since an allowed secured claim is limited to the value of the collateral by § 506(a), they should be able to pay creditor that value and take the property free and clear of creditor's security interest. The court extensively discussed the role of § 506 in bankruptcy, concluding that it only applies to property in which the estate has an interest. Since the estate has no interest in property that has been abandoned, that provision is not applicable to abandoned property. In addition, rights in abandoned property are considered the same as if no bankruptcy had been filed. Therefore, § 506(d) does not grant debtors any greater rights in abandoned property than they had under prepetition non-bankruptcy law. This decision was affirmed by the district court, and later by the Tenth Circuit.

Internal Ref: 
Opinion 252
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