Legal Opinion
Ogden v. PNC Bank, N.A. (In re Ogden)
United States Bankruptcy Court, D. Colorado
Decided April 3, 2014No. Bankruptcy Case No. 11-19841 EEB; Adversary Proceeding No. 13-1054 EEBPublishedCited by 2 opinions
1Opinion of the Court
AMENDED ORDER
Elizabeth E. Brown, Bankruptcy Judge
THIS MATTER is before the Court following a trial on the Debtor’s claims that PNC Bank, N.A. (the “Bank”) violated the automatic stay, the confirmation order, the Debtor’s chapter 13 plan, and Fed. R. Bankr.P. 3002.1. The primary issue in this case centers- on when and to what extent the bankruptcy court has the authority to police a mortgage lender’s accounting for payments received postpetition but before the completion of a debtor’s plan.
I. BACKGROUND
The Debtor and the Bank have had a strained relationship involving more than one instance in…
2Cases cited1 opinion
- In Re William FESQ, Debtor. BRANCHBURG PLAZA ASSOCIATES, L.P., Appellant, v. William FESQCourt of Appeals for the Third Circuit · 1998
3Cited by2 opinions
- In re HowardUnited States Bankruptcy Court, N.D. California · 2016
- Meyer v. Wilmington Sav. Fund Soc'y, FSB (In re Meyer)United States Bankruptcy Court, M.D. Pennsylvania · 2019