Legal Opinion
In Re Strober
United States Bankruptcy Court, E.D. New York
Decided March 10, 1992No. 1-19-40893PublishedCited by 12 opinions
1Opinion of the Court
OPINION
CECELIA H. GOETZ, Bankruptcy Judge.
These two cases raise the same issue: Can the holder of a mortgage on a Chapter 13 debtor’s principal residence be forced to accept in full satisfaction of its mortgage pursuant to a Chapter 13 plan an amount substantially less than what is owed? Stated another way: Can a Chapter 13 plan “strip down” a creditor’s mortgage on the debtor’s residence to the current value of the residence when that value is less than the mortgage?
The precise issue raised by these two cases is now before the Court of Appeals for this Circuit in In re Bellamy, 122 B.R. 856…
2Cases cited31 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- 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
- Ronald E. Grubbs v. Houston First American Savings AssociationCourt of Appeals for the First Circuit · 1984
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
26 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
- In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
- In Re BourneUnited States Bankruptcy Court, E.D. Tennessee · 2001
- In Re DinsmoreUnited States Bankruptcy Court, W.D. Michigan · 1992
- In Re HussainUnited States Bankruptcy Court, D. New Jersey · 2000
7 more not listed; retrieve them via the Exa API.