In Re Panas
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The issue at bench is the value of a mortgagee’s interest under 11 U.S.C. § 506(a) of the Bankruptcy Code (“the Code”) in property owned by the debtor and his non-debtor spouse as tenants by the entireties, when the mortgage lien extends to both husband and wife. For the reasons set forth below, we conclude that the estate’s interest in the entireties property should be measured in terms of the value of the whole property for the purpose of determining the extent of a mortgagee’s secured claim under § 506(a). 1
The facts of this case are as follows: 2 In…
2Cases cited20 opinions
- Thorsen v. Iron and Glass BankSupreme Court of Pennsylvania · 1984
- In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Gary GREENBLATT, Trustee, Appellant, v. Levy FORD, Jr., Appellee. in Re Levy FORD, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1981
- Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
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3Cited by16 opinions
- In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Caster v. United States (In Re Caster)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Garafano v. Trustees of the Amalgamated Insurance Fund (In Re Garafano)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- Wolk v. Goldome Realty Credit Corp. (In Re 222 Liberty Associates)United States Bankruptcy Court, E.D. Pennsylvania · 1989
- In Re Colonial Center, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1993
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