Legal Opinion

Aurora Loan Services, Inc. v. Amey (In Re Amey)

United States Bankruptcy Court, N.D. Georgia

Decided September 23, 2004No. 19-20167PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

PAUL W. BONAPFEL, Bankruptcy Judge.

The issue in this case is whether to grant in rem relief with regard to real property owned jointly by the debtor and a nondebtor co-owner in connection with the secured lender’s motion for relief from the stay. The Court will grant such relief to the extent set forth below with regard to the debtor’s interest in the property; however, because in rem relief against a non-debtor must be sought in an adversary proceeding, the Court will not grant relief affecting the co-owner’s interest.

I

Aurora Loan Services, Inc. (“Movant”) filed a motion to…

2Cases cited16 opinions

  1. In Re: Robert E. Casse, Debtor Robert E. Casse, Debtor-Appellant v. Key Bank National Association, Creditor-AppelleeCourt of Appeals for the Second Circuit · 1999
  2. In Re Shirley Mae TOMLIN, Debtor. COLONIAL AUTO CENTER, Plaintiff-Appellee, v. Shirley Mae TOMLIN, Defendant-AppellantCourt of Appeals for the Fourth Circuit · 1997
  3. In Re Randy Arden Frieouf, Debtor. Randy Arden Frieouf v. United States of America Farm Credit Bank of WichitaCourt of Appeals for the Tenth Circuit · 1991
  4. Fernandez v. GE Capital Mortgage Services, Inc. (In Re Fernandez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. In Re FloresUnited States Bankruptcy Court, S.D. New York · 2003

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3Cited by4 opinions

  1. Gonzalez-Ruiz v. Doral Financial Corp.Bankruptcy Appellate Panel of the First Circuit · 2006
  2. Rodriguez v. Banco Popular De Puerto Rico (In re Rodriguez)Bankruptcy Appellate Panel of the First Circuit · 2014
  3. In Re RiekenaUnited States Bankruptcy Court, C.D. Illinois · 2011
  4. In re Darryl CulbrethUnited States Bankruptcy Court, M.D. Florida · 2026

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