Legal Opinion
BAC Home Loans Servicing, LP v. Abdelgadir (In re Abdelgadir)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided August 16, 2011No. BAP No. NV-11-1021-HJoJu; Bankruptcy No. 09-23398-LBRPublished
1Opinion of the Court
*898OPINION
HOLLOWELL, Bankruptcy Judge.
BAC Home Loans Servicing a/k/a Countrywide Home Loans Servicing, LP (BAC) appeals the bankruptcy court’s order (1) approving the debtors’ motion to value and “cram-down” real property subject to BAC’s deed of trust, and (2) confirming their chapter 11 plan of reorganization that modified BAC’s claim.
The bankruptcy court determined that the debtors could modify BAC’s claim secured by the debtors’ real property because it found that at the time of plan confirmation, the debtors were not using the property as their residence, exempting it from the…
2Cases cited17 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Milavetz, Gallop & Milavetz, P. A. v. United StatesSupreme Court of the United States · 2010
- In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
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