Legal Opinion

In Re Baxley

United States Bankruptcy Court, D. South Carolina

Decided September 2, 1986No. 19-00665PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

J. BRATTON DAVIS, Bankruptcy Judge.

Before the court is the objection of James Randy Baxley (debtor) to Farmers Home Administration’s (FmHA) election, pursuant to 11 U.S.C. § 1111(b)(2) 1 , to have a secured claim to the extent it is allowed. Debtor contends that, because FmHA’s interest is “of inconsequential value”, FmHA is expressly precluded, by § llll(b)(l)(B)(i), from electing to have its claim be a secured claim to the extent allowed. FmHA argues that its interest is not “of inconsequential value”, therefore, § llll(b)(l)(b)(i) is inap-posite.

FACTS

The values of the…

2Cited by8 opinions

  1. In Re Union Meeting PartnersUnited States Bankruptcy Court, E.D. Pennsylvania · 1995
  2. In Re Atlanta West VIUnited States Bankruptcy Court, N.D. Georgia · 1988
  3. In Re StanleyUnited States Bankruptcy Court, D. Connecticut · 1995
  4. In Re WandlerUnited States Bankruptcy Court, D. North Dakota · 1987
  5. McGarey v. MidFirst BankDistrict Court, D. Arizona · 2015

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