Legal Opinion
In re Catalano
United States Bankruptcy Court, M.D. Florida
Decided June 5, 2014No. Case No. 6:13-bk-01417-KSJPublishedCited by 4 opinions
1Opinion of the Court
Chapter 7
MEMORANDUM OPINION DENYING DEBTOR’S MOTION TO STRIP LIEN
KAREN S. JENNEMANN, Chief United States Bankruptcy Judge
Debtor, Donald F. Catalano, seeks to strip off wholly unsecured junior liens attached to his home in Sanford, Florida (the “Property”).1 Although stripping off wholly unsecured junior mortgages is now permitted in a Chapter 7 case pursuant to the Eleventh Circuit’s decision in In re McNeal,2 the circumstances in this case are not typical. Here, although the value of the Property and encumbrances are not in dispute,3 a certificate of sale was issued post-discharge in favor…
2Cases cited9 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- In Re JaarUnited States Bankruptcy Court, M.D. Florida · 1995
- Lorraine McNeal v. GMAC Mortgage, LLCCourt of Appeals for the Eleventh Circuit · 2012
- Emanuel v. Bankers Trust Co., NADistrict Court of Appeal of Florida · 1995
- In Re HandUnited States Bankruptcy Court, M.D. Florida · 1985
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- U.S. Bank National Ass'n v. RiosDistrict Court of Appeal of Florida · 2015
- Whitburn, LLC v. Wells Fargo Bank, N.A.District Court of Appeal of Florida · 2016
- 700 TrustUnited States Bankruptcy Court, N.D. Florida · 2024
- CINDA L. HART v. SPECIALIZED LOAN SERVICING, LLCDistrict Court of Appeal of Florida · 2024