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JOHNSON v. HOME STATE BANK

No. 90-693.

501 U.S. 78 (1991)

111 S.Ct. 2150

115 L.Ed.2d 66

JOHNSON v. HOME STATE BANK.

Supreme Court of United States.

Decided June 10, 1991.

Attorney(s) appearing for the Case

W. Thomas Gilman argued the cause for petitioner. With him on the briefs were Martin R. Ufford, Patricia A. Gilman, Edward J. Nazar, Laurie B. Williams, Mary Patricia Hesse, and Matthew C. Hesse.

Calvin D. Rider argued the cause for respondent. With him on the brief were Patricia M. Dengler and Robert C. Brown.*

JUSTICE MARSHALL delivered the opinion of the Court.

The issue in this case is whether a debtor can include a mortgage lien in a Chapter 13 bankruptcy reorganization plan once the personal obligation secured by the mortgaged property has been discharged in a Chapter 7 proceeding. We hold that the mortgage lien in such a circumstance remains a "claim" against the debtor that can be rescheduled under Chapter 13.

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