Legal Opinion
Hamilton v. Wells Fargo Bank, N.A. (Hamilton)
Bankruptcy Appellate Panel of the First Circuit
Decided March 6, 2009No. BAP No. 08-046. Bankruptcy No. 07-15290-FJBPublishedCited by 18 opinions
1Opinion of the Court
DEASY, Bankruptcy Judge.
Paul A. Hamilton (the “Debtor”) appeals from the bankruptcy court order sustaining the objection of Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust (“Wells Fargo”), to his third amended chapter 13 plan (the “Order Sustaining Objection”). Because we conclude that the Debtor’s plan provided for “periodic payments” and that 11 U.S.C. § 1325(a)(5)(B)(iii)(I) prohibits balloon payments on secured claims where the creditor has not accepted the plan and the debtor has not surrendered the property, we AFFIRM the Order Sustaining Objection.
BACKGROUND
The…
2Cases cited13 opinions
- Rake v. WadeSupreme Court of the United States · 1993
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- In Re DeSardiUnited States Bankruptcy Court, S.D. Texas · 2006
- Watson v. Boyajian (Watson)Bankruptcy Appellate Panel of the First Circuit · 2004
- Gagne v. Fessenden (Gagne)Bankruptcy Appellate Panel of the First Circuit · 2008
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Coffin v. eCast Settlement Corp. (In Re Coffin)Bankruptcy Appellate Panel of the First Circuit · 2010
- In re SoppickUnited States Bankruptcy Court, E.D. Pennsylvania · 2014
- Irving Tanning Co. v. Maine Superintendent of Insurance (Irving Tanning Co.)Bankruptcy Appellate Panel of the First Circuit · 2013
- In re MerhiUnited States Bankruptcy Court, E.D. New York · 2014
- Knowles v. Bayview Loan Servicing, LLC (In Re Knowles)Bankruptcy Appellate Panel of the First Circuit · 2011
13 more not listed; retrieve them via the Exa API.