502us2$27F 01-22-99 08:37:00 PAGES OPINPGT
416
DEWSNUP v. TIMM Opinion of the Court
of voiding a lien whenever a claim secured by the lien itself has not been allowed. It ensures that the Code’s determination not to allow the underlying claim against the debtor personally is given full effect by preventing its assertion against the debtor’s property.2 Respondents point out that pre-Code bankruptcy law preserved liens like respondents’ and that there is nothing in the Code’s legislative history that reflects any intent to alter that law. Moreover, according to respondents, the “fresh start” policy cannot justify an impairment of respondents’ property rights, for the fresh start does not extend to an in rem claim against property but is limited to a discharge of personal liability. III The foregoing recital of the contrasting positions of the respective parties and their amici demonstrates that § 506 of the Bankruptcy Code and its relationship to other provisions of that Code do embrace some ambiguities. See 3 Collier on Bankruptcy, ch. 506 and, in particular, ¶ 506.07 (15th ed. 1991). Hypothetical applications that come to mind and those advanced at oral argument illustrate the difficulty of interpreting the statute in a single opinion that would apply to all possible fact situations. We therefore focus upon the 2 Respondents expressly stated in their brief and twice again at oral argument that they adopted as an alternative position the United States’ interpretation of § 506(d). Brief for Respondents 40, n. 33; Tr. of Oral Arg. 14, 20. In dissent, however, Justice Scalia contends that respondents have not taken the same position as the United States on this issue. According to the dissent, the United States has taken the position that “a lien only ‘secures’ the claim in question up to the value of the security that is the object of the lien—and only up to that value is the lien subject to avoidance under § 506(d).” Post, at 424. In fact, the United States says: “Under [petitioner’s] reading, Section 506(d) would operate to reduce the creditor’s lien to the value of the allowed secured claim described in Section 506(a). In our view, this reading makes no sense.” Brief for United States as Amicus Curiae 5.
