Legal Opinion
In Re Tartaglia
United States Bankruptcy Court, D. Rhode Island
Decided May 16, 1986No. Bankruptcy 8600073, 8600078 and 8600104PublishedCited by 10 opinions
1Opinion of the Court
ARTHUR N. VOTOLATO, JR., Bankruptcy Judge.
DECISION AND ORDER
Heard on March 27, 1986, on the trustee’s objection to confirmation. In each of the above-captioned Chapter 13 cases, the debtors propose to cure mortgage arrear-ages “under the plan,” and to make current mortgage payments “outside the plan.” The trustee objects to confirmation, arguing that a plan which provides for the curing of a mortgage arrearage must also provide that current mortgage payments be made under the plan, as well.
Because the trustee’s position represents a clear departure from the prior practice in this…
2Cases cited9 opinions
- In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
- In Re CaseUnited States Bankruptcy Court, D. Utah · 1981
- In Re HinesUnited States Bankruptcy Court, D. South Dakota · 1980
- Matter of CentineoUnited States Bankruptcy Court, D. Nebraska · 1980
- Greenspan v. Davis (In Re Glasper)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Greseth v. Federal Land Bank (In Re Greseth)District Court, D. Minnesota · 1987
- Matter of HarrisUnited States Bankruptcy Court, D. Nebraska · 1989
- In Re Erickson PartnershipUnited States Bankruptcy Court, D. South Dakota · 1987
- In Re HagensickUnited States Bankruptcy Court, N.D. Iowa · 1987
- In Re BurkhartUnited States Bankruptcy Court, N.D. Florida · 1988
5 more not listed; retrieve them via the Exa API.