Legal Opinion
In Re Duke
United States Bankruptcy Court, M.D. Georgia
Decided March 11, 2011No. 14-70558PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES P. SMITH, Bankruptcy Judge.
This matter presents the issue of whether certain “supplemental provisions” contained in Debtors’ Chapter 18 plan can be imposed upon Wells Fargo Bank, N.A. (‘Wells Fargo”), which holds the first priority security deed on Debtors’ residence.
FACTS
Debtors filed their Chapter 13 case on August 5, 2010. Wells Fargo filed a proof of claim for $58,451.91, which includes a prepetition arrearage claim of $1,494.44. Wells Fargo’s claim is secured solely by Debtors’ principal residence.
As it relates to Wells Fargo, Debtors’ Chapter 13 plan provides for…
2Cases cited5 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- National Railroad Passenger Corporation v. National Assn. of Railroad PassengersSupreme Court of the United States · 1974
- Beskin v. Maupin (In Re Maupin)United States Bankruptcy Court, W.D. Virginia · 2007
- In Re CarltonUnited States Bankruptcy Court, N.D. Alabama · 2010
- Atlantic National Bank v. Glisson (In Re Glisson)United States Bankruptcy Court, S.D. Georgia · 2009
3Cited by3 opinions
- In Re CarrUnited States Bankruptcy Court, E.D. Virginia · 2012
- In re ParkmanUnited States Bankruptcy Court, S.D. Mississippi · 2018
- Robin L. PaganUnited States Bankruptcy Court, E.D. Wisconsin · 2022