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IN RE McLAUGHLIN

Bankruptcy No. 88-03750-H7.

92 B.R. 913 (1988)

In re John P. McLAUGHLIN and Victoria L. McLaughlin a/k/a Vicci McLaughlin, Debtors.

United States Bankruptcy Court, S.D. California.

November 2, 1988.

Attorney(s) appearing for the Case

Allan B. Kinch, Escondido, Cal., for debtors.

Terrill K. Ashker, Dist. Counsel, Small Business Admin., San Diego, Cal., for Small Business Admin.

David F. Brown, Corbett & Steelman, Irvine, Cal., for creditor Bank of Newport.

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is (1) whether Chapter 7 debtors may use 11 U.S.C. § 506(a) to value secured claims against their real property and (2) whether they may use 11 U.S.C. § 506(d) to void liens against their real property to the extent that the liens are undersecured.

The debtors argue that a Chapter 7 debtor has standing to use § 506(a) to determine the status of allowed secured claims...

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