Legal Opinion
In the Matter of Zandal Hoskins and Debra A. Hoskins, Debtors-Appellees. Appeal of Nbd Bank, N.A
Court of Appeals for the Seventh Circuit
Decided December 12, 1996No. 96-1885PublishedCited by 28 opinions
1Opinion of the Court
POSNER, Chief Judge.
This appeal raises the difficult issue of the standard for valuing secured claims in a Chapter 13 bankruptcy. When secured claims are filed in a liquidation (Chapter 7), the most common form of bankruptcy, the debtor’s assets are sold and from the proceeds of the sale the secured creditors recover the market value of their collateral, plus, if they are undersecured — that is, owed more than those proceeds — the equivalent of deficiency judgments in the form of unsecured claims for the difference between what they are owed and what their collateral fetched at the sale. We…
2Cases cited13 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
- In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
- In Re Joseph and Sandra Schaitz, Debtors. Appeal of Gwenn L. Webb and Colton WebbCourt of Appeals for the Seventh Circuit · 1990
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Bankr. L. Rep. P 77,399 in the Matter of June M. Heath, Debtor. Joseph M. Black, Trustee v. United States Postal ServiceCourt of Appeals for the Seventh Circuit · 1997
- Poole v. City of WaterburySupreme Court of Connecticut · 2003
- Sherwood Partners, Inc. v. Lycos, Inc.Court of Appeals for the Ninth Circuit · 2005
- In Re LesniakUnited States Bankruptcy Court, N.D. Illinois · 1997
23 more not listed; retrieve them via the Exa API.