Legal Opinion

Kyoo Jung Lee v. Home Savings of America (In Re Kyoo Jung Lee)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 17, 1997No. BAP No. CC-96-1959-JSH, Bankruptcy No. SA 95-10514-JWPublishedCited by 8 opinions

1Opinion of the Court

OPINION

JONES, Bankruptcy Judge.

Kyoo Jung Lee and Ann Soon Lee (“Debtors”), sought to strip Home Savings of America’s (“Home Savings”) deed of trust on the Debtors’ residence. The Debtors contended that Home Savings’ deed of trust took a security interest in property other than the Debtors’ principal residence, thereby preventing Home Savings from claiming the protections of § 1123(b)(5). 2 The bankruptcy court disagreed and ruled that the bank’s deed of trust was secured solely by the Debtors’ principal residence. The Debtors appealed and we AFFIRM.

I.FACTS

In July of 1990, the Debtors…

2Cases cited11 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  3. Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
  4. In Re HammondCourt of Appeals for the Third Circuit · 1994
  5. In Re Iris June Davis, Debtor. Allied Credit Corporation v. Iris June DavisCourt of Appeals for the Sixth Circuit · 1993

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3Cited by8 opinions

  1. In Re AbdelgadirUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. In Re MarenaroBankruptcy Appellate Panel of the First Circuit · 1998
  3. In Re LariosUnited States Bankruptcy Court, N.D. Illinois · 2001
  4. U.S. Rural Housing & Community Development Service (RECDS) v. Loper (In Re Loper)District Court, D. Vermont · 1998
  5. In Re StrattonUnited States Bankruptcy Court, D. Montana · 2000

3 more not listed; retrieve them via the Exa API.

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