Legal Opinion

Olsen v. Habitat for Humanity

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 9, 2007No. 06-6044NEPublishedCited by 3 opinions

1Opinion of the Court

KRESSEL, Chief Judge.

The debtors appeal from an interlocutory order denying confirmation of their plan. We granted the debtors leave to appeal and we reverse.

Background

On July 28, 1998, the debtors purchased their home from Habitat for Humanity. As part of the purchase, the debtors executed two promissory notes. Note 1 required the debtors to pay a principal sum of $35,773 without interest over 224 months. The monthly payment was $160 with a final payment of $93. Note 1 contained the provision that if any payment was not made within 10 days of the due date or if any default occurred under the…

2Cases cited4 opinions

  1. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  2. In re ClarkCourt of Appeals for the Seventh Circuit · 1984
  3. Jody Debold v. E. Rebecca Case, Chapter 7 TrusteeCourt of Appeals for the Eighth Circuit · 2006
  4. Litzinger v. Estate of Litzinger (In Re Litzinger)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006

3Cited by3 opinions

  1. Van Sickle v. Hallmark & Associates, Inc.North Dakota Supreme Court · 2013
  2. In Re HughesUnited States Bankruptcy Court, D. Minnesota · 2009
  3. In re SmithUnited States Bankruptcy Court, E.D. Tennessee · 2019

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