Legal Opinion
In Re Weir
United States Bankruptcy Court, E.D. California
Decided October 18, 1994No. 17-90001PublishedCited by 23 opinions
1Opinion of the Court
OPINION
CHRISTOPHER M. KLEIN, Bankruptcy Judge:
Is there any bite in the Bankruptcy Code’s toothless tiger, 11 U.S.C. § 521(2)? Consumer debtors who are not in default on secured consumer debts sometimes flout the mandate in section 521(2) that they state (and perform) an intention to reaffirm the debt, surrender the collateral, or redeem the collateral by paying its value. Instead, debtors who are not otherwise in default say they will “remain current” on payments without reaffirming. Here, a secured creditor contests that tactic as not authorized by the statute; and the question becomes what…
2Cases cited11 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
- Suter v. Artist M.Supreme Court of the United States · 1992
- In Re Warren L. Taylor, Jr., Cathy L. Taylor, Debtors. Warren L. Taylor, Jr., Cathy L. Taylor v. Age Federal Credit UnionCourt of Appeals for the Eleventh Circuit · 1993
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re MaytonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Harris v. United States Trustee (In Re Harris)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Yoppolo v. Walter (In Re Walter)United States Bankruptcy Court, N.D. Ohio · 2001
- In Re GerlingUnited States Bankruptcy Court, W.D. Missouri · 1994
- In Re LairUnited States Bankruptcy Court, M.D. Louisiana · 1999
18 more not listed; retrieve them via the Exa API.