Legal Opinion
In Re Wetherbee
United States Bankruptcy Court, D. New Hampshire
Decided January 14, 1994No. 19-10243PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES E. YACOS, Bankruptcy Judge.
The issue in these cases is whether 11 U.S.C. § 1322(b) prevents the debtor from modifying the rights of a secured lender who holds a mortgage on a house which was, at the time the loan was granted, the debtor’s primary residence but, at the time of the bankruptcy filing, was no longer the debtor’s homestead. The issue has arisen in both eases in the context of confirmation of the Debtor’s Chapter 13 Plan.
In re Catherine Wetherbee
In this case, the residence at issue has three mortgages outstanding totalling $134,-701.20 1 The Chapter 13 plan…
2Cases cited13 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Maine v. ThiboutotSupreme Court of the United States · 1980
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Crooks v. HarrelsonSupreme Court of the United States · 1930
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- In Re DeMaggioUnited States Bankruptcy Court, D. New Hampshire · 1994
- In Re AbdelgadirUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- In Re FrenchUnited States Bankruptcy Court, D. Massachusetts · 1994
- In Re LegowskiUnited States Bankruptcy Court, D. Massachusetts · 1994
- Benafel v. One West Bank, FSB (In Re Benafel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
23 more not listed; retrieve them via the Exa API.