Legal Opinion
Presidential Commercial Fund, Inc. v. Jones (In Re Jones)
United States Bankruptcy Court, E.D. Pennsylvania
Decided January 10, 1983No. 19-10170PublishedCited by 5 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Bankruptcy Judge:
The threshold issue in the case at bench is whether section 1327(a) of the Bankruptcy Code (“the Code”) operates to defeat the mortgagee’s complaint for relief from the automatic stay under section 362 of the Code. We conclude that since the debtor did not introduce evidence that, subsequent to the date of confirmation of her chapter 13 plan, she was not in default under her chapter 13 plan and current in her payments outside said plan, section 1327(a) will not curtail the mortgagee’s rights under section 362.
The second issue before us is whether the…
2Cases cited6 opinions
- Commonwealth School Employees' Retirement Fund v. Heath (Heath)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Miners National Bank of Pottsville v. Schramm (In Re Schramm)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Federal National Mortgage Ass'n v. DiBona (In Re DiBona)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Anaheim Savings & Loan Ass'n v. Evans (In Re Evans)United States Bankruptcy Court, S.D. California · 1982
- Fairmont Foods Co. v. A. Z. J. Z., Inc. (In re A. Z. J. Z., Inc.)United States Bankruptcy Court, E.D. Pennsylvania · 1982
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3Cited by5 opinions
- Philadelphia Consumer Discount Co. v. Commercial Credit Business Loans, Inc. (In Re Philadelphia Consumer Discount Co.)District Court, E.D. Pennsylvania · 1984
- In Re ShafferUnited States Bankruptcy Court, N.D. Ohio · 1985
- In Re ClarkUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
- In Re SmithUnited States Bankruptcy Court, E.D. Pennsylvania · 1989
- Smith v. Cooley (In Re Cooley)United States Bankruptcy Court, E.D. Pennsylvania · 1984