Legal Opinion
Hunter v. Citifinancial, Inc. (In Re Hunter)
United States Bankruptcy Court, E.D. Virginia
Decided September 30, 2002No. 19-10438PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT G. MAYER, Bankruptcy Judge.
The question presented in this chapter 13 case is whether an individual debtor may strip-off a second priority mortgage lien on non-residential real property owned by the debtor and his wife as tenants by the entireties. The court holds that the debtor may not do so.
Background
The debtor borrowed $16,688.40 from Citifinancial, Inc., on July 14, 2000. His wife did not co-sign the note. The debt, however, was secured by a second priority mortgage on the real property owned by the debtor and his wife as tenants by the entireties with the right…
2Cases cited33 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- United States v. BessSupreme Court of the United States · 1958
28 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Erdmann v. Charter One Bank (In Re Erdmann)United States Bankruptcy Court, N.D. Illinois · 2011
- Jose Alvarez v. HSBC Bank USA, N.A.Court of Appeals for the Fourth Circuit · 2013
- Federal National Mortgage Ass'n v. Griffin (In re Griffin)United States Bankruptcy Court, D. Maryland · 2013
- Popky v. United StatesDistrict Court, E.D. Pennsylvania · 2004
- In Re PierreUnited States Bankruptcy Court, M.D. Florida · 2012
8 more not listed; retrieve them via the Exa API.