Legal Opinion

In re Denaro

United States Bankruptcy Court, W.D. New York

Decided August 5, 2016No. 15-11352 CLBPublished

1Opinion of the Court

DECISION & ORDER

Bucki, Chief U.S.B.J., W.D.N.Y.

The present dispute involves a determination of the replacement value of a manufactured home, for the purpose of ascertaining the distribution required to a partially secured creditor under the debt- or’s Chapter 13 plan.

James and Jennifer Denaro own real property on Riley Street in West Valley, New York. In 2011, they purchased a modular home for installation on that parcel. Contemporaneously, they gave to 21st Mortgage Corporation a security interest in the structure, but not in the underlying real estate. After defaulting on payments due to…

2Cases cited2 opinions

  1. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  2. In re PrewittUnited States Bankruptcy Court, E.D. Texas · 2015

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