Legal Opinion
HSBC v. Lunger (In Re Lunger)
United States Bankruptcy Court, M.D. Pennsylvania
Decided June 29, 2007No. 5-06-bk-50219PublishedCited by 10 opinions
1Opinion of the Court
OPINION
JOHN J. THOMAS, Bankruptcy Judge.
Called into play in this case is an interpretation of 11 U.S.C.A. § 1322(b)(2), otherwise know as the “anti-modification clause.” That section reads:(b) Subject to subsections (a) and (c) of this section, the plan may—(2) modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence, or of holders of unsecured claims, or leave unaffected the rights of holders of any class of claims;
11 U.S.C.A. § 1322
While BAPCPA (bankruptcy reform legislation of 2005) did…
2Cases cited5 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
- In Re: Manuel Ferandos, Debtor 1 St 2 Nd Mortgage Co. Of Nj, Inc. v. Manuel FerandosCourt of Appeals for the Third Circuit · 2005
- In Re ShepherdUnited States Bankruptcy Court, E.D. Tennessee · 2006
- Donadio v. Countrywide Home Loans, Inc. (In Re Donadio)United States Bankruptcy Court, M.D. Pennsylvania · 2001
3Cited by10 opinions
- Green Tree Servicing, LLC v. Coleman (In Re Coleman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- Moss v. GreenTree-Al, LLCDistrict Court, S.D. Alabama · 2007
- Herrin v. GreenTree-Al, LLCDistrict Court, S.D. Alabama · 2007
- Jordan v. Greentree Consumer Discount Co. (In Re Jordan)United States Bankruptcy Court, W.D. Pennsylvania · 2009
- Shull v. PNC Bank (In re Shull)United States Bankruptcy Court, M.D. Pennsylvania · 2013
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