Legal Opinion
In Re Hemsing
United States Bankruptcy Court, D. Montana
Decided July 17, 1987No. 14-60001PublishedCited by 17 opinions
1Opinion of the Court
ORDER
JOHN L. PETERSON, Bankruptcy Judge.
The issue before this Court is whether in a Chapter 13 bankruptcy a matured indebtedness secured by a second mortgage on the Debtors’ principal residence is subject to “modification” under 11 U.S.C. § 1322(b)(2).
On April 8, 1985, First Interstate Bank of West Billings (hereafter “First Interstate”) advanced $17,425.00 with interest of 16.75% per annum to Andrew J. Hemsing and Sharon K. Hemsing (hereafter “Debt ors”). The funds were advanced to assist the Debtors with the balloon payment due on their first mortgage. The Debtors signed a six-month note…
2Cases cited17 opinions
- United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
- In Re SimpkinsUnited States Bankruptcy Court, E.D. Tennessee · 1982
- In Re IvoryUnited States Bankruptcy Court, D. Oregon · 1983
- In Re MahanerUnited States Bankruptcy Court, W.D. New York · 1983
- Johnson-Allen v. Lomas & Nettleton Co. (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1986
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
- In Re HarrisDistrict Court, D. New Jersey · 1989
- In Re RossUnited States Bankruptcy Court, W.D. Oklahoma · 1989
- Matter of KaczmarczykUnited States Bankruptcy Court, D. Nebraska · 1989
- Wright v. C & S Family Credit, Inc. (In Re Wright)United States Bankruptcy Court, N.D. Georgia · 1991
12 more not listed; retrieve them via the Exa API.