Legal Opinion
In Re Hornes
United States Bankruptcy Court, D. Connecticut
Decided November 16, 1993No. 19-20314PublishedCited by 49 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
ALAN H.W. SHIFF, Bankruptcy Judge.
On June 1, 1993, the Supreme Court held that § 1322(b)(2) precludes a chapter 13 plan from treating a portion of an undersecured creditor’s claim as unsecured, where the sole security for the claim is the debtor’s principal residence. Nobelman v. Am. Sav. Bank, — U.S. -, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993). Although that decision was widely anticipated for its resolution of what has been a contentious issue, it has, predictably, also spawned a new series of issues as debtors’ counsel seek to test its limits. The issue presented here is…
2Cases cited37 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Harper v. Virginia Department of TaxationSupreme Court of the United States · 1993
32 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- Yi v. Citibank (Maryland), N.A. (In Re Yi)District Court, E.D. Virginia · 1998
44 more not listed; retrieve them via the Exa API.