Legal Opinion
In Re King
United States Bankruptcy Court, C.D. Illinois
Decided March 5, 2003No. 19-90164PublishedCited by 32 opinions
1Opinion of the Court
OPINION
THOMAS L. PERKINS, Bankruptcy Judge.
This matter is before the Court on a Motion to Modify the Automatic Stay filed by Bank One, Illinois, NA (“BANK ONE”), requesting modification of the automatic stay to foreclose its second mortgage on the homestead real estate owned by the Debtors, Chester L. King and Mary B. King (“DEBTORS”), because the mortgage is not being paid in the confirmed Chapter 13 plan. Since the Court agrees with the DEBTORS’ contention that BANK ONE’S second mortgage was properly stripped off at confirmation, as wholly unsecured, the motion will be denied.
FACTUAL AND…
2Cases cited31 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Lawrence Tractor Co. v. GregoryCourt of Appeals for the Ninth Circuit · 1983
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
26 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re JarvisUnited States Bankruptcy Court, C.D. Illinois · 2008
- In Re TranUnited States Bankruptcy Court, N.D. California · 2010
- In Re FennUnited States Bankruptcy Court, N.D. Illinois · 2010
- In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003
- Griffey v. U.S. Bank (In Re Griffey)Bankruptcy Appellate Panel of the Tenth Circuit · 2005
27 more not listed; retrieve them via the Exa API.