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Legal Opinion

In Re Cooper

United States Bankruptcy Court, E.D. Tennessee

Decided November 16, 2004No. 03-17546Published

1Opinion of the Court

MEMORANDUM

R. THOMAS STINNETT, Bankruptcy Judge.

The court must decide whether a secured creditor validly foreclosed on property owned by the chapter 13 debtors before they filed their chapter 13 case. The chapter 13 debtors, Mr. and Mrs. Cooper, owned a home in Catoosa County, Georgia. The home secured the Coopers’ debt to Centex Home Equity. Prior to the pending chapter 13 ease, the Coopers filed a chapter 7 bankruptcy case and received a discharge of their debts in September 2003. The discharge relieved the Coopers from their personal liability to Centex for the secured debt, but Centex’s…

2Cases cited28 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Johnson v. Home State BankSupreme Court of the United States · 1991
  3. Redwine v. FrizzellSupreme Court of Georgia · 1937
  4. Tarleton v. Griffin Federal Savings BankCourt of Appeals of Georgia · 1992
  5. Conley v. RedwineSupreme Court of Georgia · 1900

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