IN RE OUDOMSOUK

Bankruptcy No. 11-02990. Adversary No. 12-90319.

483 B.R. 502 (2012)

In re Kabine OUDOMSOUK and Tiengkhan Oudomsouk, Debtors. Kabine Oudomsouk, Tiengkhan Oudomsouk, Plaintiffs, v. Bank of America, N.A., Succesor by Merger to BAC Home Loans Servicing LP, formerly known as Countrywide Home Loans Servicing, L.P., Defendants.

United States Bankruptcy Court, M.D. Tennessee.

November 19, 2012.


Attorney(s) appearing for the Case

Daniel Castagna , Law Offices of James A. Flexer, James Alan Flexer , Law Offices of James Flexer, Nashville, TN, J. Kelsey Grodzicki , Rubin Lublin TN, PLLC, Peachtree Corners, GA, for Plaintiffs.

J. Kelsey Grodzicki , Rubin Lublin TN, PLLC, Peachtree Corners, GA, Peter L. Lublin, Rubin Lublin TN PLLC, Norcross, GA, for Bank of America, N A.


MEMORANDUM OPINION

RANDAL S. MASHBURN, Bankruptcy Judge.

The parties in this adversary proceeding have stipulated their way into an artificial fact scenario that tests the judicial process. They have posed this question: what should be done with the underlying lien when a secured claim is disallowed pursuant to a default process even though it is now undisputed that the secured lender has an otherwise completely valid, enforceable, and unavoidable lien?...

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