Legal Opinion

In Re Barham

United States Bankruptcy Court, E.D. North Carolina

Decided May 25, 1996No. 19-01260PublishedCited by 25 opinions

1Opinion of the Court

ORDER DENYING MOTION FOR RELIEF FROM AUTOMATIC STAY

A. THOMAS SMALL, Chief Judge.

The matter before the court in this chapter 13 case is the motion for relief from the automatic stay filed by Branch Banking & Trust Company (BB & T). This motion presents an important issue of first impression to this court regarding 11 U.S.C. § 1322(e), which was added to the Bankruptcy Code by the Bankruptcy Reform Act of 1994. Bankruptcy Reform Act of 1994, Pub.L. No. 103-394, § 301, 108 Stat. 4106, 4131 (1994). A hearing was held in Raleigh, North Carolina on February 20,1996.

BB & T holds a Note and Deed of…

2Cases cited4 opinions

  1. In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
  2. Cherry v. . GilliamSupreme Court of North Carolina · 1928
  3. Shelby Building & Loan Ass'n v. BlackSupreme Court of North Carolina · 1939
  4. In Re DiCelloUnited States Bankruptcy Court, E.D. North Carolina · 1987

3Cited by25 opinions

  1. McCarn v. WyHy Federal Credit Union (In Re McCarn)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
  2. Impac Funding Corp. v. Simpson (In Re Simpson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  3. TD Bank, N.A. v. LaPointeBankruptcy Appellate Panel of the First Circuit · 2014
  4. In Re TownsvilleUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
  5. Christian v. Citibank, F.S.B.District Court, N.D. Illinois · 1997

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