Subrogation

 

SUBROGATION


In re Darosa, 318 B.R. 871 (9th Cir. BAP 2004)


Opinion describes the three kinds of subrogation (contractual, statutory and equitable), and


finds that none of the three apply to debtors who each have statutory liens on their residences


arising out of the same facts.


In re Bevan, 327 F.3d 994 (9th Cir. 2003)


Senior lienholder who bids in amount of deed of trust into foreclosure, takes possession of


the property, then pays off amount of IRS lien is not equitably subrogated to the rights of the IRS in


the debtor’s chapter 13 case.

Copyright

2012 Kedikian & Kedikian

Debt Relief Agency

We are attorneys that provide legal advice and service in the area of Bankruptcy Law. We are federally designated as debt relief agent.