Legal Opinion

In Re Duran

United States Bankruptcy Court, D. Wyoming

Decided December 4, 2001No. 18-20811PublishedCited by 2 opinions

1Opinion of the Court

ORDER ON MOTION FOR RELIEF FROM STAY

PETER J. McNIFF, Bankruptcy Judge.

This case came before the court for a hearing on the motion for relief from the automatic stay filed by EMC Mortgage Corporation (EMC). The court has considered the generally undisputed facts and the applicable law and is prepared to rule.

EMC holds a purchase money mortgage secured by real property which is the debt- or’s residence. The amount of the debt encumbering the property exceeds $60,000. The parties disagree over the value of the real estate, but the debtor concedes there is no equity.

Mr. Duran is delinquent on the…

2Cases cited12 opinions

Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
In Re EscueUnited States Bankruptcy Court, M.D. Tennessee · 1995
In Re YoungUnited States Bankruptcy Court, E.D. Tennessee · 1996
In Re NepilUnited States Bankruptcy Court, D. New Jersey · 1997
In Re LibbyUnited States Bankruptcy Court, D. New Jersey · 1996

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3Cited by2 opinions

Bernadin v. US Bank National Association as Trustee, SuccessorUnited States Bankruptcy Court, E.D. Pennsylvania · 2019
Bernadin v. US Bank National Association as Trustee, SuccessorUnited States Bankruptcy Court, E.D. Pennsylvania · 2019