Legal Opinion
In Re Hobaica
United States Bankruptcy Court, N.D. New York
Decided October 17, 1986No. 19-10182PublishedCited by 12 opinions
1Opinion of the Court
STEPHEN D. GERLING, Bankruptcy Judge.
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
May a Chapter 13 plan modify the rights of a creditor holding a fully secured interest solely in a debtor’s residence when the underlying indebtedness arose as a result of a short-term, non-purchase money loan? While various courts have antithetically resolved the question, the Court’s analysis of the sparse legislative history, application of bedrock principles of statutory interpretation, and consideration of the rationale of those courts having been concerned with the same or similar…
2Cases cited16 opinions
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Rubin v. United StatesSupreme Court of the United States · 1981
- Watt v. AlaskaSupreme Court of the United States · 1981
- Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- In Re FrostUnited States Bankruptcy Court, S.D. Ohio · 1989
- In Re HarrisDistrict Court, D. New Jersey · 1989
- In Re DornonUnited States Bankruptcy Court, N.D. New York · 1989
- In Re ShafferUnited States Bankruptcy Court, W.D. Virginia · 1988
- In Re DiquinzioUnited States Bankruptcy Court, D. Rhode Island · 1990
7 more not listed; retrieve them via the Exa API.