Supreme Court Report

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Jesus Vasquez, Jr., et ux. v. Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Trust F

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-1941 · judgment April 30, 2021


Certiorari denied · November 8, 2021
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Section 506(a)(1) of the Bankruptcy Code states that “[a]n allowed claim of a creditor secured by a lien * * * is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property, * * * and is an unsecured claim to the extent that the value of such creditor’s interest * * * is less than the amount of such allowed claim.” Section 506(d) states, in relevant part, “To the extent that a lien secures a claim against the debtor that is not an allowed secured claim, such lien is void.” Under a plain reading of Sections 506(a)(1) and 506(d), the amount of a lien that exceeds the value of a debtor’s property is not an allowed secured claim, and is, therefore, void. However, this natural reading of Section 506(d) has been foreclosed by Dewsnup v. Timm, 502 U.S. 410 (1992). See Bank of America, N.A. v. Caulkett, 575 U.S. 790, 794 (2015). The sole question presented is whether Dewsnup v. Timm, 502 U.S. 410 (1992), should be overruled.

Counsel of record

For petitioner
Richard Preston Cook
Richard P. Cook, PLLC

For respondent
Jennifer Anne Mansfield
Holland & Knight LLP

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, November 8, 2021 · Certiorari denied

Proceedings

  1. Nov 08 2021
    Petition DENIED.
  2. Oct 20 2021
    DISTRIBUTED for Conference of 11/5/2021.
  3. Oct 14 2021
    Reply of petitioners Vasquez, et al. filed.
  4. Oct 01 2021
    Brief of respondent Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Trust F in opposition filed.
  5. Aug 31 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 1, 2021.
  6. Aug 27 2021
    Motion to extend the time to file a response from September 1, 2021 to October 1, 2021, submitted to The Clerk.
  7. Jul 29 2021
    Petition for a writ of certiorari filed. (Response due September 1, 2021)