Sette v. Bello (In Re Sette)
United States Bankruptcy Court, E.D. New York
1Opinion of the Court
DECISION REGARDING EFFECT OF SECTION 506(a) AND (d) OF THE BANKRUPTCY CODE ON CHAPTER 13 WHOLLY UNSECURED SECOND MORTGAGE
DOROTHY EISENBERG, Bankruptcy Judge.
The Chapter 13 Debtors commenced an adversary proceeding seeking a determination by this Court that the Defendants be deemed wholly unsecured creditors in spite of the fact that they hold a valid perfected second mortgage on the Debtors’ principal residence. The Debtors further seek a determination by this Court that the mortgage and mortgage note represent an unsecured claim which is voidable as a lien upon the Debtors’ property pursuant…
2Cases cited6 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
- Matter of PlouffeUnited States Bankruptcy Court, D. Connecticut · 1993
- In Re WilliamsUnited States Bankruptcy Court, E.D. Kentucky · 1993
- In Re LeeUnited States Bankruptcy Court, W.D. Oklahoma · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- In Re NeverlaUnited States Bankruptcy Court, W.D. New York · 1996
- In Re WoodhouseUnited States Bankruptcy Court, D. Rhode Island · 1994
28 more not listed; retrieve them via the Exa API.