Legal Opinion
In Re Jones
United States Bankruptcy Court, E.D. Michigan
Decided February 23, 1993No. 19-43019PublishedCited by 44 opinions
1Opinion of the Court
MEMORANDUM OPINION REGARDING OBJECTIONS TO PROOFS OF CLAIM FILED BY N.B.D. AND GERALDINE FOLEY
ARTHUR J. SPECTOR, Bankruptcy Judge.
The issues for decision in this case are purely legal: the facts are not disputed. One question is whether a chapter 13 claim secured by a residential mortgage is subject to bifurcation pursuant to § 506(a), 1 with the result that the unsecured portion of the mortgage is avoided pursuant to § 506(d). I hold that such a claim is subject to §§ 506(a) and (d). The other major question is whether, when determining the amount of an allowed secured claim under § 506(a),…
2Cases cited126 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Lorillard v. PonsSupreme Court of the United States · 1978
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Garcia v. United StatesSupreme Court of the United States · 1985
121 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- First Federal Bank of California v. Weinstein (In Re Weinstein)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
- In Re MaylinUnited States Bankruptcy Court, D. Maine · 1993
- William J. Wade, Trustee v. Nathan Bradford and Beverly Bradford, DebtorsCourt of Appeals for the Tenth Circuit · 1994
- Dever v. Internal Revenue Service (In Re Dever)United States Bankruptcy Court, C.D. California · 1994
39 more not listed; retrieve them via the Exa API.