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
Calvin Dee Rider - on behalf of the Respondent
W. Thomas Gilman - on behalf of the Petitioner
Facts of the case
Media for Johnson v. Home State BankAudio 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.
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.