Legal Opinion
In Re Cervelli
United States Bankruptcy Court, D. New Jersey
Decided October 20, 1997No. 14-15959PublishedCited by 19 opinions
1Opinion of the Court
OPINION
WILLIAM F. TUOHEY, Bankruptcy Judge.
This matter comes before the Court upon Motion of the debtor, Michael Cervelli (“debtor”), to “strip-off’ the unsecured claim of the second mortgagee in this matter, Ocwen Federal Bank, FSB (“Ocwen” or “mortgagee”), pursuant to §§ 506(a) and 1322(b)(2) of the Bankruptcy Code and to treat the entire unpaid balance of such claim as wholly unsecured under the debtor’s Chapter 13 Plan. 1 The debtor also seeks a determination by this Court that the mortgage held by Ocwen is not subject to the protection of the anti-modification provisions of § 1322(b)(2)…
2Cases cited25 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- In Re HammondCourt of Appeals for the Third Circuit · 1994
20 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- In Re: Manuel Ferandos, Debtor 1 St 2 Nd Mortgage Co. Of Nj, Inc. v. Manuel FerandosCourt of Appeals for the Third Circuit · 2005
- Johnson v. Asset Management Group, LLCDistrict Court, D. Maryland · 1998
14 more not listed; retrieve them via the Exa API.