Legal Opinion
In Re Silvestri
United States Bankruptcy Court, D. Rhode Island
Decided June 19, 2003No. 02-13184, 02-11794PublishedCited by 1 opinion
1Opinion of the Court
ORDER DENYING MOTIONS TO COMPEL SURRENDER OF COLLATERAL
ARTHUR N. VOTOLATO, Bankruptcy Judge.
The above captioned Silvestri ease is factually similar and involves legal issues identical to those raised in In re Babcock, BK No. 02-11794, which had been appealed to the District Court and which was remanded while Silvestri was pending here. The creditors 1 argue a point previously ruled upon in In re Rathbun, 275 B.R. 434 (Bankr.D.R.1.2001), i.e., what remedy is available to a creditor when the debtor fails to either reaffirm the debt or redeem the property, pursuant to 11 U.S.C. § 521(2). The…
2Cases cited2 opinions
- In Re DonnellUnited States Bankruptcy Court, D. New Hampshire · 1999
- In Re RathbunUnited States Bankruptcy Court, D. Rhode Island · 2001
3Cited by1 opinion
- In Re KasperDistrict Court, District of Columbia · 2004