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IN RE DEWSNUP

No. 89-4067.

908 F.2d 588 (1990)

In re Lamar DEWSNUP and Aletha Dewsnup, Debtors. Lamar DEWSNUP, Plaintiff, Aletha Dewsnup, Plaintiff-Appellant, v. Louis L. TIMM, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 11, 1990.

Attorney(s) appearing for the Case

William Thomas Thurman and Scott C. Pierce, of McKay, Burton & Thurman, Salt Lake City, Utah, for plaintiff-appellant.

Michael Z. Hayes, of Mazuran, Verhaaren & Hayes, P.C., Salt Lake City, Utah, for defendants-appellees.

Before ANDERSON, BARRETT and BALDOCK, Circuit Judges.

PER CURIAM.

The issue presented in this appeal is whether a Chapter 7 debtor may use 11 U.S.C. § 506(d) of the Bankruptcy Code to void the undersecured portion of a lien on real property which has been abandoned by the bankruptcy estate.1

Facts

Debtors Aletha and Lamar Dewsnup filed a Chapter 7 bankruptcy petition in 1984. Within that case, they commenced this adversary proceeding to determine the validity...

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