Jamo v. Katahdin Federal Credit Union
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This bankruptcy appeal requires us to decide an issue of first impression at the circuit level: In a Chapter 7 case, may a lender who is owed both secured and unsecured debts insist upon reaffirmation of the latter as a condition to reaffirmation of the former? The bankruptcy court ruled that such an “all or nothing” negotiating posture amounted to a per se violation of the automatic stay, Jamo v. Katahdin Fed. Credit Union, 253 B.R. 115 (Bankr.D.Me.2000) [Jamo I ], and the bankruptcy appellate panel (the BAP) agreed, Katahdin Fed. Credit Union v. Jamo, 262 B.R. 159…
2Cases cited33 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Bankr. L. Rep. P 71,787 in Re John E. Tully, Debtor. Henry J. Boroff, Trustee in Bankruptcy of John E. Tully v. John E. TullyCourt of Appeals for the First Circuit · 1987
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
- Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
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- Arruda v. Sears, Roebuck & Co.Court of Appeals for the First Circuit · 2002
- Fleet National Bank v. GrayCourt of Appeals for the First Circuit · 2004
- In Re PervizUnited States Bankruptcy Court, N.D. Ohio · 2003
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