Legal Opinion
In Re Nesmith
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 7, 1986No. 19-10302PublishedCited by 14 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The matter for resolution in the case before us is whether under a chapter 13 plan a debtor must pay interest on arrear-ages arising from a secured debt, even though the debt is secured by a home mortgage. For the reasons outlined herein, we hold that the interest must be paid.
The facts of this controversy are as follows: 1 Several years ago the debtor granted a mortgage on his residential realty to Jersey Mortgage Company (“Jersey”). The debtor fell in default under the mortgage and thereafter filed a petition for the repayment of his debts under chapter…
2Cases cited5 opinions
- In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
- GRUNDY NATIONAL BANK, Appellant, v. TANDEM MINING CORPORATION; Jerry Marshall Lester; Benny Joe Burks, AppelleesCourt of Appeals for the Fourth Circuit · 1985
- In Re EvansUnited States Bankruptcy Court, E.D. Pennsylvania · 1982
- In Re FreyUnited States Bankruptcy Court, M.D. Pennsylvania · 1983
- In Re EinspahrUnited States Bankruptcy Court, E.D. Pennsylvania · 1983
3Cited by14 opinions
- In Re FriesUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re Timbers Of Inwood Forest Associates, Ltd.Court of Appeals for the Fifth Circuit · 1986
- Appeal of Lynnwood G. Capps, Barbara J. Capps, Commonwealth Eastern Mortgage CorporationCourt of Appeals for the Third Circuit · 1987
- In Re Grant Broadcasting of Philadelphia, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re SmallUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
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