Legal Opinion
Bank of America, N.A. v. Gordon (In Re Gordon)
District Court, D. Colorado
Decided March 27, 2012No. Civil Action Nos. 11-cv-00960-AP. 11-cv-01340-APPublishedCited by 2 opinions
1Opinion of the Court
ORDER REVERSING JUDGMENTS
BLACKBURN, District Judge.
These consolidated cases present a web of related issues. The essential question presented is this: in a Chapter 13 bankruptcy, what procedures are proper to make a binding determination of the value and treatment of a secured creditor’s claim? The bankruptcy court held that the Chapter 13 plan confirmation process is a proper procedure to determine the value and treatment of a secured creditor’s claim and to bind a secured creditor to that valuation and treatment. In some cases, the court held, such a determination may preclude determination…
2Cases cited8 opinions
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- Markham v. CabellSupreme Court of the United States · 1946
- In Re Michael Duane Mullet, Debtor. First Bank of Colorado Springs, a State Banking Corporation v. Michael Duane MulletCourt of Appeals for the First Circuit · 1987
- In Re Branding Iron Motel, Inc.Court of Appeals for the Tenth Circuit · 1986
- United States v. RichmanCourt of Appeals for the Tenth Circuit · 1997
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3Cited by2 opinions
- In re AlemanUnited States Bankruptcy Court, D. Puerto Rico · 2013
- In re: Ivelisse M. Gonzalez AlemanUnited States Bankruptcy Court, D. Puerto Rico · 2013