Legal Opinion
In Re Danny L. Hart and Joanne E. Hart, Debtors. Eastland Mortgage Co. v. Danny L. Hart and Joanne E. Hart
Court of Appeals for the Tenth Circuit
Decided February 26, 1991No. 89-6325PublishedCited by 88 opinions
1Per curiam
The issue in this bankruptcy case is whether a home mortgage protected by 11 U.S.C. § 1322(b)(2) can be bifurcated into secured and unsecured portions based on the fair market value of the property under a threshold application of the provisions of 11 U.S.C. § 506(a) to an undersecured mortgage. The district court found that the attempt to do so was a modification of the mortgage and, as such, was improper. We hold that the bifurcation was a recognition of the legal status of the creditor’s interest in the debtors’ property and not a modification of the mortgage. We reverse.
Danny L. Hart and…
2Cases cited42 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
- Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.Supreme Court of the United States · 1985
- Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
- In the Matter of Pizza of Hawaii, Inc., Debtor. Pizza of Hawaii, Inc. v. Shakey's, Inc.Court of Appeals for the Ninth Circuit · 1985
37 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- In Re Robert Ray Harrison and Frankey Daylene Harrison, Debtors. Agricredit Corporation v. Robert Ray Harrison and Frankey Daylene HarrisonCourt of Appeals for the Tenth Circuit · 1993
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
83 more not listed; retrieve them via the Exa API.