Legal Opinion
In Re Bruce Craig Smith, Debtor. Commercial Federal Mortgage Corporation v. Bruce Craig Smith, David P. Rogers, Jr., Chapter 13 Standing Trustee
Court of Appeals for the Eleventh Circuit
Decided June 26, 1996No. 94-6802PublishedCited by 64 opinions
1Opinion of the Court
BIRCH, Circuit Judge:
This case focuses on whether a debtor, whose primary residence has been sold in a prepetition foreclosure proceeding, but who has retained his statutory right of redemption under Alabama law, can cure his default under the mortgage and redeem his property after the foreclosure sale by paying arrear-age through his Chapter 13 plan and maintaining regular mortgage payments outside the plan. Both the district court and bankruptcy court found that the debtor’s attempt to reinstate his mortgage through a Chapter 13 plan was proper. We REVERSE.
I. BACKGROUND
Appellant, Commercial…
2Cases cited12 opinions
- In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1989
- Richard Justice v. Valley National BankCourt of Appeals for the Eighth Circuit · 1988
- 13 Collier bankr.cas.2d 655, Bankr. L. Rep. P 70,759 in the Matter of Brendan A. Tynan and Elizabeth Tynan, Debtors-Appellants. Kalman Goldberg v. Brendan A. Tynan and Elizabeth TynanCourt of Appeals for the Seventh Circuit · 1985
- Wragg v. Federal Land Bank of New OrleansSupreme Court of the United States · 1943
- In Re Wayne D. And Annie M. Thompson, Debtors-Appellees. Jim Walter Homes, Inc., Creditor-Appellant v. Ann Spears, Trustee-AppelleeCourt of Appeals for the Tenth Circuit · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Eugene Telfair v. First Union Mortgage CorporationCourt of Appeals for the First Circuit · 2000
- Charles R. Hall Motors, Inc. v. LewisCourt of Appeals for the Eleventh Circuit · 1998
- McCarn v. WyHy Federal Credit Union (In Re McCarn)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- Max v. Northington (In Re Northington)Court of Appeals for the Eleventh Circuit · 2017
- Impac Funding Corp. v. Simpson (In Re Simpson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
59 more not listed; retrieve them via the Exa API.