Legal Opinion
Hoekstra v. Oak Cluster Community Council (In Re Hoekstra)
United States Bankruptcy Court, E.D. Virginia
Decided May 5, 2000No. 19-70313PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
STEPHEN S. MITCHELL, Bankruptcy Judge.
Before the court are cross-motions for summary judgment filed by the debtors and by the United States of America, one of the two defendants in this adversary proceeding. A hearing was held in open court on May 2, 2000. The debtors and the United States were present by counsel. Oak Cluster Community Council (“Oak Cluster”) did not file a response to the motion for summary judgment and was not present. There are no material facts in dispute, and the sole issue is whether 11 U.S.C. § 506(d) allows the debtors to “strip off’ the liens…
2Cases cited9 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Laskin v. First National Bank (In Re Laskin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Yi v. Citibank (Maryland), N.A. (In Re Yi)District Court, E.D. Virginia · 1998
- Howard v. National Westminster Bank (In Re Howard)United States Bankruptcy Court, E.D. New York · 1995
- Cunningham v. Homecomings Financial Network (In Re Cunningham)United States Bankruptcy Court, D. Maryland · 2000
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3Cited by4 opinions
- Johnson v. Internal Revenue Service of the Department of the Treasury of the United States (In Re Johnson)United States Bankruptcy Court, W.D. Pennsylvania · 2008
- Hoekstra v. United States (In Re Hoekstra)District Court, E.D. Virginia · 2000
- Darden v. Blankenship (In Re Blankenship)District Court, E.D. Virginia · 2001
- In re BrownUnited States Bankruptcy Court, E.D. North Carolina · 2016