Legal Opinion

Bankr. L. Rep. P 73,548 in Re William and Debra Calvert, Debtors. Green Tree Acceptance, Inc. v. William and Debra Calvert

Court of Appeals for the Eleventh Circuit

Decided August 1, 1990No. 89-7076PublishedCited by 92 opinions

1Opinion of the Court

PECKHAM, Senior District Judge:

In this appeal, we must decide whether the district court erred in affirming certain procedures followed by the bankruptcy court in determining the secured status of a claim pursuant to 11 U.S.C. § 506(a). On its own motion and without specific notice to the parties, the bankruptcy court fixed the value of a mobile home securing a claim held by creditor-appellant Green Tree Acceptance, Inc., (“Green Tree”), against debtors-appellees William and Debra Calvert. Because we find that these actions violated the procedural requirements of Bankruptcy Rule 3012,' which…

2Cases cited5 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. Wegner v. GrunewaldtCourt of Appeals for the Eighth Circuit · 1987
  3. In Re HartfordUnited States Bankruptcy Court, D. Maine · 1981
  4. Hotel Associates, Inc. v. Trustees of Central States SE & SW Areas Pension Fund (In Re Hotel Associates, Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1980
  5. In The Matter Of Lackow Brothers, Inc.Court of Appeals for the Eleventh Circuit · 1985

3Cited by92 opinions

  1. Piedmont Trust Bank v. Linkous (In re Linkous)Court of Appeals for the Fourth Circuit · 1993
  2. Lee Servicing Co. v. Wolf (In Re Wolf)United States Bankruptcy Court, D. New Jersey · 1993
  3. Perkins v. HainesCourt of Appeals for the Eleventh Circuit · 2011
  4. In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
  5. In Re DukeUnited States Bankruptcy Court, N.D. Alabama · 1993

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