United States Supreme Court
502 U.S. 410 (1992)
Timm (creditor) loaned Aletha Dewsnup (debtor) money in exchange for liens on Dewsnup’s farmland. Dewsnup defaulted and filed for chapter 7 bankruptcy before Timm could complete a foreclosure sale. Dewsnup filed a petition in the Bankruptcy Court for the District of Utah to avoid a portion of Timm’s lien to the extent that the debt was greater than the fair market value of the farmland. Dewsnup requested the bankruptcy court reduce the debt to equal the fair market value under section 506(d) of the Bankruptcy Code, which states a claim that “is not an allowed secured claim” is void. The bankruptcy court denied Dewsnup’s petition. The district court and the United States Court of Appeals for the Tenth Circuit affirmed. The United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Blackmun, J.)
Dissent (Scalia, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 219,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.