30 The comprehensive language of that statute, 28 U.S.C. 2281 1970 edd)., 31 could have been broadly read to encompass statutory claims secured by the Supremacy Clause or narrowly read to exclude claims that involve no federal constitutional provision except that Clause.
The team claims securing the accolade could generate an extra £184m for the East Yorkshire city over five years.
Interestingly enough, according to the Dodd Frank Act and the 2005 Bankruptcy Act, derivative claims have super-priority over all other claims, secured and unsecured, insured and uninsured.
Under both the Dodd-Frank Act and the 2005 Bankruptcy Act, derivative claims have super-priority over all other claims, secured and unsecured, insured and uninsured.
"modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor's principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims". 11 U.S.C. § 1322(b)(2) (emphasis added).
Congress chose to use the phrase "claim secured..
It is also plausible, therefore, to read "a claim secured only by a homestead lien" as referring to the lienholder's entire claim, including both the secured and the unsecured components of the claim.
It is also plausible, therefore, to read "a claim secured only by a [homestead lien]" as referring to the lienholder's entire claim, including both the secured and the unsecured components of the claim.
By virtue of its mortgage contract with petitioners, the bank is indisputably the holder of a claim secured by a lien on petitioners' home.
Section 1322(b)(2), they assert, allows unconditional modification of the bank's leftover "unsecured claim". This interpretation fails to take adequate account of § 1322(b)(2)'s focus on "rights". That provision does not state that a plan may modify "claims" or that the plan may not modify "a claim secured only by" a home mortgage.
