Legal Opinion
Lane v. Western Interstate Bancorp
Court of Appeals for the Sixth Circuit
Decided February 7, 2002No. 00-5986PublishedCited by 30 opinions
1Opinion of the Court
OPINION
DAVID A. NELSON, Circuit Judge.
The bankruptcy code expressly provides that a Chapter 13 bankruptcy plan may modify the rights of holders of “unsecured claims.” 11 U.S.C. § 1322(b)(2). This section also provides that such a plan may “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....” Id.
Whether a lienholder has a “secured claim” or an “unsecured claim,” in the sense in which those terms are used in the bankruptcy code, depends on whether the lienholder’s interest in the…
2Cases cited8 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National FundingCourt of Appeals for the First Circuit · 2000
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- In Re George E. Lane and Sherry A. Lane, Debtors. George E. Lane and Sherry A. Lane v. Western Interstate Bancorp, as Successor Servicer to Firstplus Financial, Inc.Court of Appeals for the First Circuit · 2002
- Woolsey v. Citibank, N.A.Court of Appeals for the Tenth Circuit · 2012
- Edwin Burkhart v. Nancy Spencer GrigsbyCourt of Appeals for the Fourth Circuit · 2018
- Strausbough v. Co-Op Services Credit Union (In Re Strausbough)United States Bankruptcy Court, E.D. Michigan · 2010
- In Re WoolseyUnited States Bankruptcy Court, D. Utah · 2010
25 more not listed; retrieve them via the Exa API.