Legal Opinion
Etchin v. Star Services, Inc. (In Re Etchin)
United States Bankruptcy Court, W.D. Wisconsin
Decided June 20, 1991No. 3-18-13808PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER:
ROBERT D. MARTIN, Chief Judge.
Does § 1322(b)(2) of the Bankruptcy Code prohibit debtors from using Chapter 13 to reduce the balance due under their home mortgage to the fair market value of the mortgaged home? If debtors were permitted to do so, the mortgagee’s lien would be “stripped down” to the value of the house at the time the case was filed. Also, upon completion of the payments required under their Chapter 13 plan, any amount unpaid on the mortgage in excess of that value would be discharged. For the reasons set out below, I conclude that the clear…
2Cases cited43 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Johnson v. Home State BankSupreme Court of the United States · 1991
- United States v. Ven-Fuel, Inc.Court of Appeals for the First Circuit · 1985
- Wayne United Gas Co. v. Owens-Illinois Glass Co.Supreme Court of the United States · 1937
- In the Matter of Met-L-Wood Corporation, Debtor. Appeal of Constantine John Gekas, Trustee. Constantine John Gekas, Trustee v. Frederick L. PipinCourt of Appeals for the Seventh Circuit · 1988
38 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
- Matter of NoblemanCourt of Appeals for the Fifth Circuit · 1992
- Nationsbank of D.C., N.A. v. Blier (In Re Creative Goldsmiths of Washington)United States Bankruptcy Court, D. Maryland · 1995
- Nobleman v. American Savings BankCourt of Appeals for the Fifth Circuit · 1992
- In Re StroberUnited States Bankruptcy Court, E.D. New York · 1992
9 more not listed; retrieve them via the Exa API.