Legal Opinion
Shepherd v. EMC Mortgage Corp. (In Re Shepherd)
District Court, E.D. Tennessee
Decided February 6, 2008No. 3:07-cv-170, 3:07-cv-171PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
THOMAS W. PHILLIPS, District Judge.
Debtor Anneda Shepherd appeals from two orders entered by the Honorable Richard Stair, Jr., United States Bankruptcy Judge. Debtor first appeals the Order of Judge Stair interpreting 11 U.S.C. § 101(13A)(A) as prohibiting her from modifying the secured claim of appellee EMC Mortgage Corporation under 11 U.S.C. § 1322(b)(2), and accordingly appeals the Order of Judge Stair entering her amended Chapter 13 plan to conform with his previous Order. Debtor timely appealed, and for the reasons that follows, this court reverses.
I.BACKGROUND
The…
2Cases cited11 opinions
- Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
- Bankr. L. Rep. P 75,948 in Re Kenneth L. Isaacman, Debtor. J.E. Nicholson, Jr. v. Kenneth L. IsaacmanCourt of Appeals for the Sixth Circuit · 1994
- In Re Gary Louis Gardner, Debtor. Jeffrey D. Stamper, of the Estate of Gary Louis Gardner v. United StatesCourt of Appeals for the Sixth Circuit · 2004
- Lyon v. Eiseman (In Re Forbes)Bankruptcy Appellate Panel of the Sixth Circuit · 2007
- Tidewater Finance Co. v. Curry (In Re Curry)Bankruptcy Appellate Panel of the Sixth Circuit · 2006
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3Cited by5 opinions
- Green Tree Servicing, LLC v. Coleman (In Re Coleman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- Davis v. Green Tree Servicing, LLC (In Re Davis)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Jordan v. Greentree Consumer Discount Co. (In Re Jordan)United States Bankruptcy Court, W.D. Pennsylvania · 2009
- Green Tree Servicing v. Tony W. ColemanUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- In re: Kenneth Davis v.Bankruptcy Appellate Panel of the Sixth Circuit · 2008