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Legal Opinion

In Re Rosario

United States Bankruptcy Court, N.D. Ohio

Decided March 9, 2009No. 19-30041PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge.

DLJ Mortgage Capital, Inc., which holds a mortgage lien on the debtors’ real property located at 21920 Country Way, Strongsville, Ohio, moves for relief from stay and abandonment. The chapter 7 trustee opposes the motion on the ground that debtor Stacey Rosario’s unreleased dower interest in the property is superior to DLJ’s lien, and that the dower interest creates value for the unsecured creditors which should not be abandoned. 1 As discussed below, the court finds that the dower interest has priority over DLJ’s lien, and…

2Cases cited17 opinions

  1. Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
  2. Florida Department of Revenue v. Piccadilly Cafeterias, Inc.Supreme Court of the United States · 2008
  3. United States Ex Rel. Internal Revenue Service v. McDermottSupreme Court of the United States · 1993
  4. In Re WycuffUnited States Bankruptcy Court, N.D. Ohio · 2005
  5. Jewett v. FeldheiserOhio Supreme Court · 1903

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3Cited by6 opinions

  1. In Re JaberUnited States Bankruptcy Court, N.D. Ohio · 2009
  2. Drown v. JPMorgan Chase Bank, N.A. (In Re Barnhart)United States Bankruptcy Court, S.D. Ohio · 2011
  3. In Re DumbuyaUnited States Bankruptcy Court, N.D. Ohio · 2009
  4. In re WhittUnited States Bankruptcy Court, N.D. Ohio · 2015
  5. Nelson v. Countrywide Home Loans, Inc. (In re Barger)United States Bankruptcy Court, S.D. Ohio · 2012

1 more not listed; retrieve them via the Exa API.

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