Johnson v. Home State Bank

PETITIONER: Johnson
RESPONDENT: Home State Bank
LOCATION: Clark County Jail

DOCKET NO.: 90-693
DECIDED BY: Rehnquist Court (1990-1991)
LOWER COURT: United States Court of Appeals for the Tenth Circuit

CITATION: 501 US 78 (1991)
ARGUED: Apr 16, 1991
DECIDED: Jun 10, 1991

ADVOCATES:
Calvin Dee Rider - on behalf of the Respondent
W. Thomas Gilman - on behalf of the Petitioner

Facts of the case

Question

Media for Johnson v. Home State Bank

Audio Transcription for Oral Argument - April 16, 1991 in Johnson v. Home State Bank

Audio Transcription for Opinion Announcement - June 10, 1991 in Johnson v. Home State Bank

William H. Rehnquist:

The opinion of the Court in No. 90-693, Johnson versus Home State Bank will be announced by Justice Marshall.

Thurgood Marshall:

This case is here on certiorari to the United States Court of Appeals for the Tenth Circuit.

The issue is whether a mortgage lien that passes through the Chapter 7 Bankruptcy is a claim subject to inclusion in the Chapter 13 reorganization plan.

In an opinion filed with the Clerk today, we hold that a mortgage lien, in such circumstances, is a claim under the Bankruptcy Code.

We, therefore, reverse the judgment of the Tenth Circuit.