Legal Opinion
In Re Bernick
United States Bankruptcy Court, E.D. Virginia
Decided September 7, 2010No. 10-11826PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OPINION
ROBERT G. MAYER, Bankruptcy Judge.
The chapter 13 trustee filed a motion to dismiss this chapter 13 case asserting that the debtor’s unsecured claims exceeded the maximum permitted under 11 U.S.C. § 109(e). The trustee reached this result by adding the undersecured amount of the debtor’s second deed of trust on her home to her scheduled unsecured debts. The schedules show that the second deed of trust is wholly undersecured. The debtor argued that the second deed of trust should be allocated to secured debt, in which case she is within the eligibility requirements of Section…
2Cases cited9 opinions
- In Re: Arthur Lionel Scovis Jenny Scovis, Debtors. Arthur Lionel Scovis Jenny Scovis v. Christen Brun HenrichsenCourt of Appeals for the Ninth Circuit · 2001
- In Re Peter Gordon Balbus, Debtor. Brown and Company Securities Corporation v. Peter Gordon BalbusCourt of Appeals for the Fourth Circuit · 1991
- In Re BallardUnited States Bankruptcy Court, E.D. Virginia · 1980
- Smith v. Rojas (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Soderlund v. Cohen (In Re Soderlund)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Data Mountain Solutions, Inc. v. Giordano (In re Giordano)United States Bankruptcy Court, E.D. Virginia · 2012
- In Re De La HozUnited States Bankruptcy Court, M.D. Florida · 2011
- In re MillerUnited States Bankruptcy Court, N.D. Illinois · 2013
- In re GreenUnited States Bankruptcy Court, E.D. North Carolina · 2017
- In re ShuklaUnited States Bankruptcy Court, E.D. New York · 2016
3 more not listed; retrieve them via the Exa API.