Lievsay v. Western Financial Savings Bank (In Re Lievsay)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
Before ROSS 1 , VOLINN and JONES, Bankruptcy Judges. VOLINN, Judge.
INTRODUCTION
The debtor’s chapter 11 disclosure statement proposed to strip down a lien secured by his principal residence. Although generally debtors are not permitted to strip down a lien secured by the debtor’s personal residence, the debtor argued that “boilerplate” language contained in the deed of trust should have been construed to secure property other than his residence, especially since he maintained an office at the residence. The court refused to interpret the deed of trust broadly and denied approval of the…
2Cases cited10 opinions
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Nicholes v. Johnny Appleseed of Washington (In Re Nicholes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- McDonald v. Sperna (In Re Sperna)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- In Re Iris June Davis, Debtor. Allied Credit Corporation v. Iris June DavisCourt of Appeals for the Sixth Circuit · 1993
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re RosenDistrict Court, D. New Jersey · 1997
- Benafel v. One West Bank, FSB (In Re Benafel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Wages v. J.P. Morgan Chase Bank, N.A. (In Re Wages)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In re WagesUnited States Bankruptcy Court, D. Idaho · 2012
- Kyoo Jung Lee v. Home Savings of America (In Re Kyoo Jung Lee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
3 more not listed; retrieve them via the Exa API.