Legal Opinion
Pawtucket Credit Union v. Picchi (In re Picchi)
Bankruptcy Appellate Panel of the First Circuit
Decided April 11, 2011No. BAP No. RI 10-055; Bankruptcy No. 10-11020-ANVPublishedCited by 3 opinions
1Opinion of the Court
KORNREICH, Bankruptcy Judge.
Marie T. Picchi (“Picchi”) is the debtor in this chapter 13 case from the District of Rhode Island. Pawtucket Credit Union (“Pawtucket”) is the holder of a claim secured by a second mortgage against Pic-chi’s two-family home. Picchi’s plan, which modifies Pawtucket’s rights as a mortgagee, was confirmed by the bankruptcy court over Pawtucket’s objection. On appeal Pawtucket argues that the bankruptcy court erred in concluding that § 1322(b)(2) permits a debtor to modify the rights of a mortgagee in a two-family home.1 For the reasons expressed below, we AFFIRM.
BACKG…
2Cases cited10 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
- Lessard v. Wilton-Lyndeborough Cooperative School DistrictCourt of Appeals for the First Circuit · 2010
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
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3Cited by3 opinions
- Wages v. J.P. Morgan Chase Bank, N.A. (In Re Wages)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In Re PIcchiBankruptcy Appellate Panel of the First Circuit · 2011
- In re LanoisUnited States Bankruptcy Court, D. Rhode Island · 2014