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RYAN v. HOMECOMINGS FINANCIAL NETWORK

Nos. 00-2137, 00-2138.

253 F.3d 778 (2001)

Donald E. RYAN; Harley A. Ryan, Plaintiffs-Appellants, v. HOMECOMINGS FINANCIAL NETWORK, Defendant-Appellee, and Sovereign Bank, successor in interest to FirstPlus Financial, Incorporated, Defendant. Donald E. Ryan; Harley A. Ryan, Plaintiffs-Appellants, v. Sovereign Bank, successor in interest to FirstPlus Financial, Incorporated; Homecomings Financial Network, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 1, 2001.

Attorney(s) appearing for the Case

ARGUED: Alan David Eisler, Paley, Rothman, Goldstein, Rosenberg & Cooper, CHTD., Bethesda, MD, for Appellants. Michael Thomas Cantrell, Friedman & MacFadyen, P.A., Baltimore, MD, for Appellees.

ON BRIEF: Wendelin I. Lipp, Paley, Rothman, Goldstein, Rosenberg & Cooper, CHTD., Bethesda, MD, for Appellants.

Before LUTTIG and TRAXLER, Circuit Judges, and THORNBURG, United States District Judge for the Western District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge THORNBURG wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.

OPINION

THORNBURG, District Judge:

In this appeal we are asked to decide whether a debtor who has filed for Chapter 7 bankruptcy may "strip off" an allowed unsecured lien pursuant to 11 U.S.C. § 506(d). Because we find that the Supreme Court's reasoning in Dewsnup v. Timm, 502 U.S. 410, 112...

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