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DEWSNUP v. TIMM

No. 90-741.

502 U.S. 410 (1992)

112 S.Ct. 773

116 L.Ed.2d 903

DEWSNUP v. TIMM et al.

Supreme Court of United States.

Decided January 15, 1992.

Attorney(s) appearing for the Case

Timothy B. Dyk argued the cause for petitioner. With him on the briefs was Patricia A. Dunn.

Richard G. Taranto argued the cause for respondents. With him on the brief were H. Bartow Farr III and Michael Z. Hayes.

Ronald J. Mann argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Deputy Solicitor General Roberts, and Alan Charles Raul.*

Blackmun, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Stevens, O'Connor, and Kennedy, JJ., joined. Scalia, J., filed a dissenting opinion, in which Souter, J., joined, p. 420. Thomas, J., took no part in the consideration or decision of the case.

Justice Blackmun, delivered the opinion of the Court.

We are confronted in this case with an issue concerning § 506(d) of the Bankruptcy Code, 11 U. S. C. § 506(d).1 May a debtor "strip down" a creditor's lien on real property to the value of the collateral, as judicially determined, when that value is less than the amount of the claim secured by the lien?

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