Legal Opinion
In re Manning
District Court, E.D. Virginia
Decided November 1, 1984No. Bankruptcy No. 7-84-00772-RPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
H. CLYDE PEARSON, Bankruptcy Judge.
The issue before the Court is whether an indentured Trustee’s commission may be fixed by a Deed of Trust without due consideration by the Court as to what fee is reasonable under the circumstances where the proposed foreclosure and sale of the property has been stayed by the filing of a Chapter 13 petition in this Court.
The facts are undisputed. The Petitioner, Jefferson Savings and Loan Association, is a secured creditor in this Chapter 13 case holding a note secured by a Deed of Trust on property in Roanoke County, Virginia, as…
2Cases cited8 opinions
- Littleton v. KincaidCourt of Appeals for the Fourth Circuit · 1950
- Virginia Trust Co. v. EvansSupreme Court of Virginia · 1952
- Perrow v. PayneSupreme Court of Virginia · 1961
- Dillard v. SerpellSupreme Court of Virginia · 1924
- Jones v. Virginia Trust Co.Supreme Court of Virginia · 1925
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3Cited by2 opinions
- Windsor Communications Group, Inc. v. Rogers & Rogers, Inc. (In Re Windsor Communications Group, Inc.)District Court, E.D. Pennsylvania · 1986
- In Re CarterDistrict Court, D. Maine · 1989