Legal Opinion

In re Darlene M.

United States Bankruptcy Court, N.D. Ohio

Decided December 18, 2015No. Case No. 15-11057Published

1Opinion of the Court

MEMORANDUM OF OPINION

ARTHUR I. HARRIS, UNITED STATES BANKRUPTCY JUDGE

This case is currently before the Court on confirmation of the debtors’ amended Chapter 13 plan and the objection of creditor Wells Fargo. If confirmed, the amended plan would bifurcate Wells Fargo’s mortgage on the debtors’ principal residence under Bankruptcy Code § 1322(b)(2) based on language in the mortgage that pledges escrow funds as additional security. For the reasons that follow, the Court finds that the mortgage falls within the anti-modification protection of § 1322(b)(2). Accordingly, the Court denies…

2Cases cited24 opinions

  1. King v. BurwellSupreme Court of the United States · 2015
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. Bullard v. Blue Hills BankSupreme Court of the United States · 2015
  4. Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
  5. United States v. NolandSupreme Court of the United States · 1996

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