Frazer v. Drummond (In Re Frazer)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
SMITH, Bankruptcy Judge.
When debtors filed their chapter 13 case, 2 they were in default on a contract for deed involving their principal residence. The bankruptcy court held that § 108(b) trumped § 1322 so that the debtors had only 60 days after the petition date in which to cure the default. The court further determined that the seller was entitled to terminate the debtors’ equitable interest in the property without offending the automatic stay provisions of § 362. A timely appeal ensued. Concluding that § 108(b) does not trump § 1322(b), we REVERSE and REMAND.
I. FACTS
On July 7,…
2Cases cited32 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
- Gerald W. Moody, and Jermoo's Incorporated, Debtors-In-Possession, Plaintiffs v. Amoco Oil CompanyCourt of Appeals for the Seventh Circuit · 1984
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3Cited by11 opinions
- Fadel v. DCB United LLC (In Re Fadel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Murrietta v. Fehrs (In Re Fehrs)United States Bankruptcy Court, D. Idaho · 2008
- Francis v. Scorpion Group, LLC (In re Francis)United States Bankruptcy Court, N.D. Georgia · 2013
- In re RichterUnited States Bankruptcy Court, C.D. California · 2015
- In re RugrodenUnited States Bankruptcy Court, N.D. California · 2012
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