Legal Opinion

In Re Reeves

United States Bankruptcy Court, C.D. Illinois

Decided June 12, 1998No. 19-70301PublishedCited by 13 opinions

1Opinion of the Court

OPINION

BASIL H. COUTRAKON, Bankruptcy Judge.

The issue before the Court is whether 11 U.S.C. § 1322(c)(2) permits a Chapter 13 debtor to bifurcate an undersecured claim secured by a mortgage on a principal residence which has come due prior to the filing of the bankruptcy petition into secured and unsecured components.

On September 14, 1995, Debtors executed a step-up rate mortgage note with balloon payment and corresponding mortgage in the sum of $91,400 relating to the residential property located at Lot 8 Allen Drive, Athens, Illinois. By its terms, the note became due and payable in full on…

2Cases cited10 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
  4. First National Fidelity Corp. v. Ruth Perry, Robert M. Wood, TrusteeCourt of Appeals for the First Circuit · 1991
  5. 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

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3Cited by13 opinions

  1. Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
  2. American General Finance, Inc. v. Paschen (In Re Paschen)Court of Appeals for the Eleventh Circuit · 2002
  3. Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
  4. McCarron v. Firstplus Financial (In Re McCarron)United States Bankruptcy Court, W.D. Missouri · 2000
  5. In Re PerryDistrict Court, S.D. Texas · 1999

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

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