Legal Opinion

In re Moorer

United States Bankruptcy Court, M.D. Alabama

Decided January 15, 2016No. Case No. 15-30422-WRSPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

William R. Sawyer, Chief U.S. Bankruptcy Judge

This case is before the Court on the Amended Motion to Reconsider or Set Aside filed by Community Bank & Trust. (Doc. 63). Community Bank & Trust asks this Court to vacate its order confirming the Debtor’s Chapter 13 plan on the grounds that the plan violates the anti-modification provision of 11 U.S.C. § 1322(b)(2). The Debtor has filed a response, (Doc. 65), and the Court heard from the parties at a hearing on January 12, 2016. For the reasons set forth below, Community Bank & Trust’s motion is DENIED.

I. FACTS & PROCEDURAL…

2Cases cited16 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. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  4. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  5. Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996

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3Cited by2 opinions

  1. In re ScarverUnited States Bankruptcy Court, M.D. Alabama · 2016
  2. In re Roy PhiferUnited States Bankruptcy Court, M.D. Alabama · 2025

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