Legal Opinion
In Re Young
United States Bankruptcy Court, E.D. Tennessee
Decided August 23, 1996No. Bankruptcy 96-20202PublishedCited by 25 opinions
1Opinion of the Court
MEMORANDUM
MARCIA PHILLIPS PARSONS, Bankruptcy Judge.
This case is before the court upon the objection to confirmation filed by the holder of a second mortgage on the debtors’ residence. The issue presented by the objection is whether 11 U.S.C. § 1322(c)(2), which was enacted as part of the Bankruptcy Reform Act of 1994, permits a “cramdown” 1 of an undersecured residential mortgage if final payment under the mortgage falls due during the life of the plan, notwithstanding 11 U.S.C. § 1322(b)(2) and the U.S. Supreme Court’s ruling in Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct.…
2Cases cited37 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Caminetti v. United StatesSupreme Court of the United States · 1917
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
32 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- In Re Clarence Gordon Witt Carolyn Sue Witt, Debtors. Clarence Gordon Witt Carolyn Sue Witt v. United Companies Lending CorporationCourt of Appeals for the Fourth Circuit · 1997
- American General Finance, Inc. v. Paschen (In Re Paschen)Court of Appeals for the Eleventh Circuit · 2002
- In Re FennUnited States Bankruptcy Court, N.D. Illinois · 2010
20 more not listed; retrieve them via the Exa API.