Legal Opinion

In Re Linderman

United States Bankruptcy Court, M.D. Florida

Decided October 9, 2009No. 6:09-BK-02087-KSJPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION GRANTING CREDITOR’S MOTION TO COMPEL

KAREN S. JENNEMANN, Bankruptcy Judge.

The issue is whether a debtor must reaffirm a mortgage debt in order to keep his home and to comply with Section 521 of the Bankruptcy Code. 1 Riverside Bank of Central Florida holds a second mortgage on the debtor’s home. The debtor is current on his mortgage payments and owes the bank approximately $32,000. When the debtor filed this Chapter 7 case, he timely filed a Statement of Intentions indicating that he intended to retain his home and to continue making his regular payments. The debtor contends…

2Cases cited10 opinions

  1. In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
  2. In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
  3. In Re Warren L. Taylor, Jr., Cathy L. Taylor, Debtors. Warren L. Taylor, Jr., Cathy L. Taylor v. Age Federal Credit UnionCourt of Appeals for the Eleventh Circuit · 1993
  4. In the Matter of Judy Emely Edwards, Also Known as Judy Emely Glass, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
  5. Lowry Federal Credit Union, Creditor-Appellant v. James Dale West and Sharon Kay West, Debtors-AppelleesCourt of Appeals for the Tenth Circuit · 1989

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3Cited by4 opinions

  1. In Re SteinbergUnited States Bankruptcy Court, S.D. Florida. · 2011
  2. In Re SosaUnited States Bankruptcy Court, D. Rhode Island · 2011
  3. Habersham Bank v. Harris (In Re Harris)United States Bankruptcy Court, S.D. Georgia · 2010
  4. In re CovelUnited States Bankruptcy Court, W.D. Arkansas · 2012

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