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- Subject: JOHNSON v. HOME STATE BANK, Syllabus
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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- Syllabus
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- JOHNSON v. HOME STATE BANK
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- certiorari to the united states court of appeals for the tenth circuit
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- No. 90-693. Argued April 16, 1991 -- Decided June 10, 1991
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- After petitioner Johnson defaulted on promissory notes secured with a
- mortgage on his farm, respondent Home State Bank (Bank) began foreclosure
- proceedings in state court. While foreclosure proceedings were pending,
- Johnson filed for liquidation under Chapter 7 of the Bankruptcy Code, and
- the Bankruptcy Court discharged him from personal liability on the notes.
- However, because the Bank's right to proceed against him in rem survived
- the bankruptcy, see 11 U. S. C. MDRV 522(c)(2); Long v. Bullard, 117 U. S.
- 617, the Bank reinitiated the foreclosure proceedings once the automatic
- stay protecting his estate was lifted. The state court entered judgment
- for the Bank, but before the foreclosure sale, Johnson filed for
- reorganization under Chapter 13, listing the mortgage as a claim against
- his estate. The Bankruptcy Court confirmed his plan to pay the Bank's
- judgment in installments, but the District Court reversed, ruling that the
- Code does not allow a debtor to include in a Chapter 13 plan a mortgage
- used to secure an obligation for which personal liability has been
- discharged in Chapter 7 proceedings. The court did not reach the Bank's
- alternative argument that the Bankruptcy Court erred in finding that
- Johnson had proposed his plan in good faith and that the plan was feasible.
- The Court of Appeals affirmed, reasoning that, since Johnson's personal
- liability had been discharged, the Bank no longer had a "claim" against
- Johnson subject to rescheduling under Chapter 13.
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- Held:
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- 1. A mortgage lien securing an obligation for which a debtor's personal
- liability has been discharged in a Chapter 7 liquidation is a "claim"
- within in the meaning of MDRV 101(5) and is subject to inclusion in an
- approved Chapter 13 reorganization Plan. Congress intended in MDRV 101(5)
- to incorporate the broadest available definition of "claim," see
- Pennsylvania Dept. of Public Welfare v. Davenport, 495 U. S. ---. As used
- in MDRV 101(5), "right to payment" and "right to an equitable remedy" mean
- "nothing more nor less than an enforceable obligation." Id., at ---. A
- surviving mortgage interest corresponds to an "enforceable obligation" of
- the debtor. Even after the debtor's personal obligations have been
- extinguished, the creditor still retains a "right to payment" in the form
- of its right to the proceeds from the sale of the debtor's property.
- Alternatively, the creditor's surviving right to foreclose on the mortgage
- can be viewed as a "right to an equitable remedy" for the debtor's default
- on the underlying obligation. Thus, a bankruptcy discharge extinguishes
- only one mode of enforcing a claim -- an in personam action -- while
- leaving intact another -- an in rem action. Indeed, the need to codify
- Long v. Bullard, supra, presupposes that a mortgage interest is a "claim,"
- because only "claims" are discharged. This conclusion is consistent with
- other parts of the Code -- which contemplate circumstances in which a claim
- may consist of nothing more than a claim against the debtor's property,
- MDRV 502(b)(1), and establish that the phrase " `claim against the debtor'
- includes claim against" the debtor's property, MDRV 102(2) -- and with the
- Code's legislative background and history. The Bank's contention that
- serial filings under Chapters 7 and 13 evade the limits that Congress
- intended to place on the Chapters' remedies is unpersuasive, since Congress
- has expressly prohibited various forms of serial filings, see, e. g., MDRV
- 727(a)(8), yet fashioned no similar prohibition with regard to Chapter 7
- and 13 filings. In addition, the full range of Code provisions designed to
- protect Chapter 13 creditors, see, e. g., MDRV 1325(a), combined with
- Congress' intent that "claim" be construed broadly, makes it unlikely that
- Congress intended to use the Code's definition of "claim" to police the
- Chapter 13 process for abuse. Pp. 3-9.
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- 2. Because the lower courts never addressed the issues of Johnson's
- good faith or the plan's feasibility, this Court declines to address those
- issues and leaves them for consideration on remand. Pp. 9-10.
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- 904 F. 2d 563, reversed and remanded.
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- Marshall, J., delivered the opinion for a unanimous Court.
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