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Legal Opinion

In Re Cruz

United States Bankruptcy Court, D. New Jersey

Decided October 13, 2000No. 19-12079PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION:

GLORIA M. BURNS, Bankruptcy Judge.

Before the court is the debtors’ application to modify their confirmed Chapter 13 plan to reduce the payments being made to the second mortgagee from $6,859.03 to zero by retroactively applying the Third Circuit’s recent decision in In re McDonald, 205 F.3d 606 (3d Cir.2000) which held that a wholly unsecured mortgage on a - Chapter 13 debtor’s residence is not subject to the anti-modification clause of 11 U.S.C. § 1322(b). The Chapter 13 trustee objects to the proposed modification. The following constitutes the opinion of this court.

FACTS:

2Cases cited13 opinions

  1. James B. Beam Distilling Co. v. GeorgiaSupreme Court of the United States · 1991
  2. In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
  3. In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
  4. In Re JockUnited States Bankruptcy Court, M.D. Tennessee · 1989
  5. Lee Servicing Co. v. Wolf (In Re Wolf)United States Bankruptcy Court, D. New Jersey · 1993

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

3Cited by16 opinions

  1. In Re TownleyUnited States Bankruptcy Court, D. New Jersey · 2000
  2. In Re HibbleUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
  3. In Re JacksonUnited States Bankruptcy Court, S.D. Alabama · 2001
  4. In Re RuttUnited States Bankruptcy Court, D. Colorado · 2010
  5. In Re WatersUnited States Bankruptcy Court, N.D. Illinois · 2002

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

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