Legal Opinion
In Re Rice
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 19, 1991No. 19-10525PublishedCited by 9 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
In its present procedural posture as an apparent motion of the Debtor seeking to avoid a mortgage pursuant to 11 U.S.C. § 522(f)(1), it is clear that we must deny relief to the Debtor in this contested matter. However, we recognize that the Debt- or could refile this matter in the posture of an adversary proceeding attacking the mortgage in the shoes of the Trustee, pursuant to 11 U.S.C. §§ 522(h), (g)(1), and 544(a). We therefore address, but do not decide, the issue which underlies the substance of this matter: whether the Debtor,…
2Cases cited31 opinions
- In Re MorrisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Lessee of Heister v. FortnerSupreme Court of Pennsylvania · 1809
- McAllester v. Aldridge (In Re Anderson)District Court, M.D. Tennessee · 1983
- Frascatore v. Secretary of Housing & Urban Development (In Re Frascatore)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Mason v. Benjamin Banneker Plaza, Inc. (In Re Mason)United States Bankruptcy Court, E.D. Pennsylvania · 1987
26 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re: Pamela Knapper, F/k/a Pamela Jones, Pamela Knapper William C. Miller v. Bankers Trust Co., as Trustee for Amresco Residential Securities CorpCourt of Appeals for the Third Circuit · 2005
- Bohm v. Dolata (In Re Dolata)United States Bankruptcy Court, W.D. Pennsylvania · 2004
- Fisher v. Advanta Finance Corp. (In Re Fisher)District Court, E.D. Pennsylvania · 2005
- Phelan v. Fleet Consumer Discount Co. (In Re Rice)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Capital Center Equities v. Estate of Gordon (In Re Capital Center Equities)United States Bankruptcy Court, E.D. Pennsylvania · 1992
4 more not listed; retrieve them via the Exa API.