Legal Opinion
In Re Jones
United States Bankruptcy Court, D. New Jersey
Decided October 21, 1996No. 19-11912PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION
STEPHEN A. STRIPP, Bankruptcy Judge.
This is the court’s decision on a motion for relief from the automatic stay. The issues addressed herein are: (1) whether the anti-modification provision of Bankruptcy Code § 1322(b)(2) applies to a mortgage which secures no value in light of senior hens, and (2) whether a security interest in fixtures, condemnation awards and insurance proceeds prevents the application of the anti-modification provision. This court has jurisdiction over this matter pursuant to 28 U.S.C. § 157 and § 1334. This is a core proceeding under 28 U.S.C. §…
2Cases cited12 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- In Re HammondCourt of Appeals for the Third Circuit · 1994
- Lee Servicing Co. v. Wolf (In Re Wolf)United States Bankruptcy Court, D. New Jersey · 1993
7 more not listed; retrieve them via the Exa API.
3Cited by28 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
- Johnson v. Asset Management Group, LLCDistrict Court, D. Maryland · 1998
- Barnes v. American General Finance (In Re Barnes)United States Bankruptcy Court, N.D. Illinois · 1997
23 more not listed; retrieve them via the Exa API.