Legal Opinion
Johnson v. Home State Bank
Supreme Court of the United States
Decided June 10, 1991No. 90-693PublishedCited by 1,242 opinions
1Opinion of the CourtJustice Marshall
The issue in this case is whether a debtor can include a mortgage lien in a Chapter 13 bankruptcy reorganization plan once the personal obligation secured by the mortgaged property has been discharged in a Chapter 7 proceeding. We hold that the mortgage lien in such a circumstance remains a “claim” against the debtor that can be rescheduled under 13.
I
This case arises from the efforts of respondent Home State Bank (Bank) to foreclose a mortgage on the farm property of petitioner. Petitioner gave the mortgage to secure promissory notes to the Bank totaling approximately $470,000. When…
2Cases cited12 opinions
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- Owen v. OwenSupreme Court of the United States · 1991
- Ohio v. KovacsSupreme Court of the United States · 1985
- Farrey v. SanderfootSupreme Court of the United States · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by1,242 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Ryan v. Homecomings Financial NetworkCourt of Appeals for the Fourth Circuit · 2001
- In Re Louis S. St. Laurent, Ii, Debtors. Louis S. St. Laurent, II v. William J. Ambrose and Patty A. AmbroseCourt of Appeals for the Eleventh Circuit · 1993
- Harold W. McClellan v. Bobbie Darrell CantrellCourt of Appeals for the Seventh Circuit · 2000
- Federal Communications Commission v. Nextwave Personal Communications Inc.Supreme Court of the United States · 2003
1,237 more not listed; retrieve them via the Exa API.