Legal Opinion
Miami Valley Bank v. Lutz (In Re Lutz)
United States Bankruptcy Court, W.D. Pennsylvania
Decided February 26, 1994No. 19-20035PublishedCited by 12 opinions
1Opinion of the Court
Opinion
WARREN W. BENTZ, Chief Judge.
Introduction
All of the above matters revolve around a dispute between John M. Lutz (“Debtor”) and Miami Valley Bank (“Bank”) over the amount and status of the Bank’s claim.
The parties agree that the threshold issue is whether the Bank’s first mortgage lien is “a claim secured only by a security interest in real property that is the debtor’s principal residence” within the meaning of 11 U.S.C. § 1322(b)(2). The Bank asserts that it holds such a claim and, accordingly, that its claim is not subject to modification. The Debtor, on the other hand, asserts that…
2Cases cited22 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Randal v. Jersey Mortgage Investment Co.Supreme Court of Pennsylvania · 1931
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
- Adebanjo v. Dime Savings Bank of New York, FSB (In Re Adebanjo)United States Bankruptcy Court, D. Connecticut · 1994
- In Re FrenchUnited States Bankruptcy Court, D. Massachusetts · 1994
- In Re EscueUnited States Bankruptcy Court, M.D. Tennessee · 1995
- Rodriguez v. Mellon Bank, N.A. (In Re Rodriguez)United States Bankruptcy Court, E.D. Pennsylvania · 1998
7 more not listed; retrieve them via the Exa API.