In Re Fuller
United States Bankruptcy Court, W.D. Michigan
1Opinion of the Court
OPINION RE: DEBTORS’ MOTION TO RECONSIDER ORDER DENYING CONFIRMATION
JEFFREY R. HUGHES, Bankruptcy Judge.
Donald C. Fuller, Jr. and Shirley A. Fuller (“Debtors” or “Fuller”) included a provision in their proposed Chapter 13 plan whereby a third mortgage against their residence would be extinguished because it had no value. The court denied confirmation of the plan because Rule 7001(2) of the Federal Rules of Bankruptcy Procedure 1 requires that the validity, priority or extent of a lien in property be determined through an adversary proceeding. However, for the reasons stated in this opinion,…
2Cases cited5 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re MammelUnited States Bankruptcy Court, N.D. Iowa · 1998
- Lucre Management Group, LLC v. Schempp Real Estate, LLC (In Re Schempp Real Estate, LLC)District Court, D. Colorado · 2003
- In Re EvansUnited States Bankruptcy Court, S.D. Florida. · 1999
3Cited by18 opinions
- In Re HudsonUnited States Bankruptcy Court, W.D. Michigan · 2001
- In Re DalenUnited States Bankruptcy Court, W.D. Michigan · 2001
- In Re KingUnited States Bankruptcy Court, C.D. Illinois · 2003
- In Re BulsonUnited States Bankruptcy Court, W.D. Michigan · 2005
- In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003
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