Legal Opinion

In Re Spano

United States Bankruptcy Court, D. Connecticut

Decided December 7, 1993No. 19-20149PublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM AND ORDER ON DEBTORS’ MOTION TO DETERMINE THE SECURED STATUS OF LIENS IN CHAPTER 13

ALAN H.W. SHIFF, Bankruptcy Judge.

The issue presented here is whether the respondent’s claim is secured “only by a security interest in real property that is the debtor’s principal residence” within the meaning of that term of art in § 1322(b)(2) when the claim is secured by a mortgage which encumbers not only land and improvements but also rents and fixtures, and which requires the debtors to maintain hazard insurance for the benefit of the respondent. For the reasons that follow, I conclude that…

2Cases cited59 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
  3. In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
  4. Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
  5. Waterbury Petroleum Products, Inc. v. Canaan Oil & Fuel Co.Supreme Court of Connecticut · 1984

54 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Adebanjo v. Dime Savings Bank of New York, FSB (In Re Adebanjo)United States Bankruptcy Court, D. Connecticut · 1994
  2. In Re FrenchUnited States Bankruptcy Court, D. Massachusetts · 1994
  3. In Re EscueUnited States Bankruptcy Court, M.D. Tennessee · 1995
  4. Rodriguez v. Mellon Bank, N.A. (In Re Rodriguez)United States Bankruptcy Court, E.D. Pennsylvania · 1998
  5. In Re RosenDistrict Court, D. New Jersey · 1997

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API