IN RE LANE

No. 18-60059.

959 F.3d 1226 (2020)

IN RE Richard R. LANE, Debtor, Nathaniel Lane; Elizabeth Lane, Appellants, v. The Bank of New York Mellon; Bayview Loan Servicing, LLC, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2020.


Attorney(s) appearing for the Case

Stanley A. Zlotoff (argued), Law Office of Stanley A. Zlotoff APC, San Jose, California, for Appellants.

Lewis R. Landau (argued), Calabasas, California; Edward G. Schloss , Edward G. Schloss Law Corp., Los Angeles, California; for Appellees.

Before: Richard A. Paez and Carlos T. Bea, Circuit Judges, and Lynn S. Adelman, District Judge.


OPINION

We are asked to decide whether a bankruptcy court may void a lien under 11 U.S.C. § 506(d) when a claim relating to the lien is disallowed because the creditor who filed the proof of claim did not prove that it was the person entitled to enforce the debt the lien secures. We hold that it may not.<...

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