Fireman's Fund Mortgage Corp. v. Hobdy (In Re Hobdy)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
YOLINN, Bankruptcy Judge:
OVERVIEW
Secured creditor Fireman’s Fund Mortgage Corporation (“FFMC”) appeals an order denying its motion for allowance of claim as filed against debtor Waymon Hob-dy (“Hobdy”). The bankruptcy court ruled that FFMC’s motion was an inappropriate means for contesting a provision relating to the claim in a confirmed Chapter 13 plan.1 We REVERSE.
FACTS AND PROCEEDINGS BELOW
Hobdy filed his Chapter 13 bankruptcy petition on December 4, 1987. As of that date, FFMC was owed a total of $36,787.55 in arrearages on a note secured by Hobdy’s principal residence. In the Chapter 13…
2Cases cited12 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
- City of New York v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1953
- Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
- In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
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3Cited by61 opinions
- IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen BatemanCourt of Appeals for the Eleventh Circuit · 2003
- Lee Servicing Co. v. Wolf (In Re Wolf)United States Bankruptcy Court, D. New Jersey · 1993
- In Re HudsonUnited States Bankruptcy Court, W.D. Michigan · 2001
- Litton Loan Servicing, LP v. Garvida (In Re Garvida)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
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