Legal Opinion
In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National Funding
Court of Appeals for the First Circuit
Decided July 13, 2000No. 99-11895PublishedCited by 98 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge:
In the wake of Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), in which the Supreme Court held that the rights of an undersecured homestead lender are protected from modification in Chapter 13 bankruptcy proceedings, we address whether this holding extends to wholly unsecured homestead lenders. 1 We conclude that it does not.
I. BACKGROUND AND PROCEDURAL HISTORY
In the fall of 1995, Plaintiff-Appellant Pamela Tanner (“Debtor”) purchased her primary residence for $62,000.00 which was financed entirely by a mortgage from Inland…
2Cases cited6 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- In Re: Tam Ly Lam Mai Thai Lam, Debtors. Investors Thrift v. Tam Ly Lam Mai Thai LamCourt of Appeals for the Ninth Circuit · 1999
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3Cited by98 opinions
- In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
- In Re PondCourt of Appeals for the Second Circuit · 2001
- American General Finance, Inc. v. Paschen (In Re Paschen)Court of Appeals for the Eleventh Circuit · 2002
- Fisette v. Keller (In Re Fisette)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
- In Re OkosisiUnited States Bankruptcy Court, D. Nevada · 2011
93 more not listed; retrieve them via the Exa API.