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IN RE TALBERT

No. 02-1845.

344 F.3d 555 (2003)

In re: Terry R. TALBERT and Lahna L. Talbert, Debtors. Terry R. Talbert and Lahna L. Talbert, Plaintiffs-Appellants, v. City Mortgage Services, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 24, 2003.

Attorney(s) appearing for the Case

Marshall A. Yee, (briefed), Kempf & Yee, Lansing, MI, for Plaintiffs-Appellants.

Before: SILER, BATCHELDER, and COOK, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

OPINION

SILER, Circuit Judge.

This bankruptcy appeal presents purely a legal question that has split the bankruptcy and federal district courts, namely, whether a debtor who has filed for Chapter 7 bankruptcy may avoid a valueless lien under § 506(d) of the Bankruptcy Code, 11 U.S.C. § 506(d). Because the Supreme Court's reasoning in Dewsnup v. Timm, 502 U.S. 410...

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