Legal Opinion
In re Scantling
United States Bankruptcy Court, M.D. Florida
Decided February 24, 2012No. 8:11-bk-00369-MGWPublishedCited by 14 opinions
1Opinion of the Court
ORDER AND MEMORANDUM OPINION ON STRIP OFF IN CHAPTER 20 CASES
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
The Debtor in this chapter 201 case seeks to strip off wholly unsecured junior mortgages encumbering her principal residence. The creditor objects because the Debtor previously received a discharge of her debts in a chapter 7 case filed within four years of her chapter 13 case, and therefore, she is not eligible for a discharge. For the reasons set forth below, the Court overrules this objection and concludes that eligibility for a discharge is not a requirement to strip off of a wholly…
2Cases cited36 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Long v. BullardSupreme Court of the United States · 1886
- Long and Wife v. BullardSupreme Court of the United States · 1886
31 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cusato v. Springleaf Financial, Inc. (In re Cusato)United States Bankruptcy Court, E.D. Pennsylvania · 2013
- In re GonzalezUnited States Bankruptcy Court, E.D. Pennsylvania · 2016
- In re RosaUnited States Bankruptcy Court, N.D. California · 2014
- In re SweitzerUnited States Bankruptcy Court, D. Maryland · 2012
- In Re PierreUnited States Bankruptcy Court, M.D. Florida · 2012
9 more not listed; retrieve them via the Exa API.