Bank Of America, N. A. V. Caulkett
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Bank Of America, N. A. V. Caulkett
''Bank of America, N. A. v. Caulkett'', 575 U.S. 790, 135 S. Ct. 1995 (2015), is a bankruptcy law case decided by the Supreme Court of the United States on June 1, 2015. In ''Caulkett'', the Court held that 11 U.S.C. ยง 506(d) does not permit a Chapter 7, Title 11, United States Code, Chapter 7 debtor to void a junior mortgage law, mortgage on the debtor's property when the amount of the debt secured by the senior mortgage on that property exceeds the property's current market value., 135 S. Ct. 1995, 1998 (2015). Background "Allowed Secured Claims" in Bankruptcy Statutory Provisions Section 506(d) of the Title 11 of the United States Code, Bankruptcy Code provides, as a general rule, "[t]o the extent that a lien secures a claim against the debtor that is not an ''allowed secured claim'', such lien is void." As used in the Bankruptcy Code, the term "claim" includes any "right to payment," and the term "lien" means a "charge against or interest in property to secure payment of a deb ...
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