Legal Opinion

In re Coyle

United States Bankruptcy Court, D. Connecticut

Decided September 30, 2016No. CASE No. 15-30735 (JAM)PublishedCited by 1 opinion

1Opinion of the Court

RE: ECF Nos. 18, 21, 38, 39, 41

MEMORANDUM AND ORDER ON MOTION TO DETERMINE SE-CURED STATUS OF CLAIM

Julie A. Manning, Chief United States Bankruptcy Judge

I. INTRODUCTION

In the case of Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), the United States Supreme Court held that Section 1322(b)(2) of the Bankruptcy Code1 pre-cludes a debtor from “bifurcating” an un-dersecured creditor’s claim into a secured and unsecured claim under Section 506(a) when the claim is secured by the debtor’s principal residence. The Court reasoned that a Section 506(a)…

2Cases cited8 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
  3. Adebanjo v. Dime Savings Bank of New York, FSB (In Re Adebanjo)United States Bankruptcy Court, D. Connecticut · 1994
  4. In Re BulsonUnited States Bankruptcy Court, W.D. Michigan · 2005
  5. Brunson v. Wendover Funding, Inc. (In Re Brunson)United States Bankruptcy Court, W.D. New York · 1996

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3Cited by1 opinion

  1. Ulish Booker, Jr.United States Bankruptcy Court, D. Connecticut · 2020

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