Legal Opinion

Chelsea State Bank v. Wagner (In Re Wagner)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 13, 2001No. 00-6089 NI, 00-6104 NIPublishedCited by 18 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

Chelsea Savings Bank, (the “Bank”) appeals the bankruptcy court 1 orders finding that two mortgages held by the Bank were unenforceable for failure to comply with Iowa law and that John C. Wagner’s and Debra K. Wagner’s (the “Debtors”) Fourth Amended Chapter 13 Plan with Technical Amendments (the “Plan”) was feasible pursuant to 11 U.S.C. § 1325(a)(6). We have jurisdiction over this appeal from the final orders of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we affirm.

ISSUE

The issues on appeal are whether the Bank’s mortgages are…

2Cases cited12 opinions

  1. Jerry M. BASS; Bonnie Bass, Appellees, v. GENERAL MOTORS CORPORATION, AppellantCourt of Appeals for the Eighth Circuit · 1998
  2. Bankr. L. Rep. P 77,477 in Re: Mary Beth Usery, Debtor. Ewing B. Gourley Carol L. Gourley v. Mary Beth Usery Steven Usery James McLeod Trustee, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Mary Beth Usery Steven Usery James McLeod Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, William Hart, Trustee Under Certain Deeds of Trust v. Ewing B. Gourley Carol L. Gourley E.B.G. Health Care Iii, Inc. E.B.G. Health Care Iv, Inc. Health Care Retirement Village, Inc. Health Care Laundry Services, Inc.Court of Appeals for the Eighth Circuit · 1997
  3. Matter of HahnUnited States Bankruptcy Court, S.D. Iowa · 1980
  4. Burma Jean Martin v. Richard L. CoxCourt of Appeals for the Eighth Circuit · 1998
  5. First National Bank v. Fantasia (In Re Fantasia)Bankruptcy Appellate Panel of the First Circuit · 1997

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3Cited by18 opinions

  1. In re SoppickUnited States Bankruptcy Court, E.D. Pennsylvania · 2014
  2. In Re JensenUnited States Bankruptcy Court, S.D. New York · 2010
  3. Iowa State Bank & Trust Co. v. MichelSupreme Court of Iowa · 2004
  4. In Re American Trailer & Storage, Inc.United States Bankruptcy Court, W.D. Missouri · 2009
  5. Paulson v. Wein (In re Paulson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012

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