In Re Watson
United States Bankruptcy Court, D. Delaware
1Opinion of the Court
OPINION 1
BRENDAN LINEHAN SHANNON, Bankruptcy Judge.
I. INTRODUCTION AND SUMMARY
These cases present a question of first impression in this jurisdiction: whether the Court may confirm proposed Chapter 13 plans that include provisions governing application of mortgage payments and requiring a home mortgage lender to provide timely notice of post-petition fees and charges assessed pursuant to the relevant loan and security documents. The Court holds that the plans are confirmable (subject to certain revisions described below) and that the disputed plan provisions do not run afoul of the Bankruptcy…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Rake v. WadeSupreme Court of the United States · 1993
- Till v. SCS Credit Corp.Supreme Court of the United States · 2004
- Irwin Halper v. Barry HalperCourt of Appeals for the Third Circuit · 1999
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re Safety Harbor Resort and SpaUnited States Bankruptcy Court, M.D. Florida · 2011
- Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Ameriquest Mortgage Co. v. Nosek (In Re Nosek)Court of Appeals for the First Circuit · 2008
- Payne v. Mortgage Electronic Registration Systems, Inc. (In Re Payne)United States Bankruptcy Court, D. Kansas · 2008
- Greenpoint Mortgage Funding, Inc. v. Herrera (In Re Herrera)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
17 more not listed; retrieve them via the Exa API.