In re Hanger v. Bank of America, National Trust and Savings Association

Summary

The Ninth Circuit affirmed the Bankruptcy Appellate Panel's decision holding that Bank of America retained a secured claim of $33,183. The court concluded that the BAP correctly applied Bankruptcy Code section 522(f)(2)(A), which provides the statutory calculation for determining whether a lien is avoidable.

Holdings

1. The Bankruptcy Appellate Panel correctly applied 11 U.S.C. § 522(f)(2)(A), and Bank of America retained a secured claim in the amount of $33,183.

Questions Presented

1. Whether the Bankruptcy Appellate Panel correctly applied 11 U.S.C. § 522(f)(2)(A) in determining that Bank of America retained a secured claim of $33,183.

Disposition

affirmed