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Bankruptcy | Case Law | 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.