Dewsnup v. Timm Case Brief

Facts of the Case

“Petitioner Dewsnup, the debtor in a case under Chapter 7 of the Bankruptcy Code, filed an adversary proceeding, contending that the debt of approximately $120,000 that she owed to respondents exceeded the fair market value of the land securing the debt and that, therefore, the Bankruptcy Court should reduce respondents’ lien on the land to the land’s fair market value pursuant to, which provides that a lien is void “to the extent that [it] secures a claim against the debtor that is not an allowed secured claim.” Dewsnup reasoned that respondents would have such an “allowed secured claim” only to the extent of the judicially determined value of their collateral, since, under, “an allowed claim of a creditor secured by a lien on property in which the estate has an interest . . . is a secured claim to the extent of the value of such creditor’s interest in the estate’s interest in such property.” The court determined that the then value of the land in question was $39,000, but refused to grant the requested relief and entered a judgment of dismissal with prejudice. The District Court and the Court of Appeals affirmed.”

Question

Did the United States properly plead and prove the defendant’s prior violent felony convictions for application of an enhanced sentence under the Armed Career Criminal Act?

CONCLUSION

0

Case Information

Citation: 502 US 410 (1992)
Argued: Oct 15, 1991
Decided: Jan 15, 1992
Case Brief: 1992