Legal Opinion

In Re Fuller

United States Bankruptcy Court, W.D. Michigan

Decided November 13, 2000No. 19-05036PublishedCited by 18 opinions

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

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. In Re MammelUnited States Bankruptcy Court, N.D. Iowa · 1998
  4. Lucre Management Group, LLC v. Schempp Real Estate, LLC (In Re Schempp Real Estate, LLC)District Court, D. Colorado · 2003
  5. In Re EvansUnited States Bankruptcy Court, S.D. Florida. · 1999

3Cited by18 opinions

  1. In Re HudsonUnited States Bankruptcy Court, W.D. Michigan · 2001
  2. In Re DalenUnited States Bankruptcy Court, W.D. Michigan · 2001
  3. In Re KingUnited States Bankruptcy Court, C.D. Illinois · 2003
  4. In Re BulsonUnited States Bankruptcy Court, W.D. Michigan · 2005
  5. In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003

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