Legal Opinion

In Re Millspaugh

United States Bankruptcy Court, D. Idaho

Decided October 24, 2003No. 19-20148PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

TERRY L. MYERS, Bankruptcy Judge.

INTRODUCTION

In this chapter 13 case, Randy and Sharon Millspaugh (the “Debtors”) seek to “strip off’ a creditor’s security interest in their residence through a provision in their plan. Though the creditor has not objected to this treatment and no other party objected to confirmation of the Debtors’ chapter 13 plan, the Court took the matter under advisement in order to evaluate the procedure urged by the Debtors.

BACKGROUND AND FACTS

The Debtors filed a voluntary joint petition for chapter 13 relief on March 7, 2003. Doc. No. 1. They list,…

2Cases cited33 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
  4. In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
  5. In Re Gary Ronald Perez, Debtor. Frank Everett v. Gary Ronald PerezCourt of Appeals for the Ninth Circuit · 1994

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3Cited by28 opinions

  1. Brawders v. County of Ventura (In Re Brawders)Court of Appeals for the Ninth Circuit · 2007
  2. County of Ventura Tax Collector v. Brawders (In Re Brawders)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. In Re WilhelmUnited States Bankruptcy Court, D. Idaho · 2009
  4. In Re BennettUnited States Bankruptcy Court, W.D. Kentucky · 2004
  5. Rhiel v. OhioHealth Corp. (In Re Hunter)United States Bankruptcy Court, S.D. Ohio · 2008

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