Legal Opinion
Cluxton v. Fifth Third Bank (In Re Cluxton)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided May 19, 2005No. 04-8028PublishedCited by 13 opinions
1Opinion of the Court
OPINION
GREGG, Bankruptcy Judge.
In this case, the bankruptcy court denied confirmation of the Debtor’s chapter 13 plan. The bankruptcy court found that the Debtor’s proposed “cramdown” of the debt on his mobile home violated the anti-modification provisions of § 1322(b)(2) because the court found that the mobile home is part of the real property. Daniel W. Cluxton, the “Debtor,” has appealed arguing that the mobile home is personal property. For the reasons that follow, the Panel AFFIRMS the bankruptcy court.
I.ISSUE ON APPEAL
The issue on appeal is whether the mobile home constitutes “real…
2Cases cited8 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Bankr. L. Rep. P 75,948 in Re Kenneth L. Isaacman, Debtor. J.E. Nicholson, Jr. v. Kenneth L. IsaacmanCourt of Appeals for the Sixth Circuit · 1994
- First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- Masheter v. BoehmOhio Supreme Court · 1974
- In Re Damon J. And Regina M. Kroskie, Debtors. James W. Boyd, Chapter 7 Trustee v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Sixth Circuit · 2003
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- General Electric Credit Equities, Inc. v. Brice Road Developments, L.L.C. (In Re Brice Road Developments, L.L.C.)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Reinhardt v. Vanderbilt Mortgage and Finance, Inc.Court of Appeals for the Sixth Circuit · 2009
- Davis v. Green Tree Servicing, LLC (In Re Davis)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Showe Management Corp. v. Kerr (In Re Kerr)United States Bankruptcy Court, N.D. Ohio · 2008
- In Re DavisUnited States Bankruptcy Court, S.D. Ohio · 2007
8 more not listed; retrieve them via the Exa API.