In Re Davis
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The Manhattan Life Insurance Company which holds a mortgage on the debtors’ home, has moved pursuant to 11 U.S.C. § 362(d)(1) for an order vacating the automatic stay for cause, or in the alternative, dismissing the petition in accordance with 11 U.S.C. § 1307(c) because the debtors have defaulted with respect to the terms of their confirmed Chapter 13 plan.
FACTS
1. The debtors, Edward Davis and Alder Davis, are husband and wife who filed a joint petition for relief under Chapter 13 of the Bankruptcy Code.
2. On July 18, 1984, this court entered an order…
2Cases cited4 opinions
- Ellis v. Parr (In Re Ellis )United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
- In Re ClarkUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
- Matter of QuinlanUnited States Bankruptcy Court, W.D. Wisconsin · 1981
- Federal National Mortgage Ass'n v. Moore (In Re Shahid)United States Bankruptcy Court, S.D. Ohio · 1982
3Cited by18 opinions
- In Re TaylorDistrict Court, E.D. New York · 1993
- FSFG Service Corp. v. Ki Joong Kim (In Re Ki Joong Kim)United States Bankruptcy Court, C.D. California · 1987
- In re MorrowUnited States Bankruptcy Court, N.D. Illinois · 2013
- In Re SmithUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- McCullough v. Horne (In re McCullough)United States Bankruptcy Court, W.D. North Carolina · 2013
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