Legal Opinion
Federal National Mortgage Ass'n v. Henderson (In Re Henderson)
United States Bankruptcy Court, E.D. Pennsylvania
Decided June 28, 1982No. 19-10433PublishedCited by 5 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The issue at bench is whether the first mortgagee of the debtor’s residence is entitled to relief from the automatic stay provisions of § 362(a) of the Bankruptcy Code (“the Code”) to permit it to proceed with mortgage foreclosure. We conclude that the mortgagee is not entitled to such relief because we find that the debtor has equity in the property and that the mortgagee’s interest is adequately protected by the FHA mortgage insurance and by the debt- or’s offer to make periodic payments to the mortgagee, directly and through her chapter 13 plan.
The…
2Cases cited7 opinions
- Citizens & Southern National Bank v. Feimster (In Re Feimster)United States Bankruptcy Court, N.D. Georgia · 1979
- Commonwealth of Pennsylvania State Employes' Retirement Fund v. Roane (In Re Roane)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Federal National Mortgage Ass'n v. DiBona (In Re DiBona)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Dale Funding Corp. v. Garner (In Re Garner)District Court, S.D. New York · 1982
- Fidelity Bond & Mortgage Co. v. McAloon (In Re McAloon)United States Bankruptcy Court, E.D. Pennsylvania · 1980
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re GregoryUnited States Bankruptcy Court, M.D. Tennessee · 1984
- In Re SicilianoUnited States Bankruptcy Court, E.D. Pennsylvania · 1994
- Kehm v. Citicorp Homeowners Service, Inc. (In Re Kehm)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re RouseUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
- In Re RyanUnited States Bankruptcy Court, N.D. Iowa · 2001