Legal Opinion
Stambaugh v. PNC Bank, N.A. (In re Stambaugh)
United States Bankruptcy Court, M.D. Pennsylvania
Decided March 3, 2015No. CASE NO. 1-12-bk-07007 RNO; ADVERSARY NO. 1-13-ap-000233 RNOPublishedCited by 4 opinions
1Opinion of the Court
OPINION 1
Robert N. Opel, II, Bankruptcy Judge
This is a Motion for Summary Judgment filed by the Chapter 13 Debtor/Plaintiff. The Debtor seeks a determination as to the lien priority position of four mortgages held by the Defendant/Bank. For the reasons stated below, the Motion for Summary Judgment is granted.
I. Jurisdiction
The Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (K).
II. Facts and Procedural History
A voluntary petition under Chapter 13 of the Bankruptcy Code was filed on December 7,…
2Cases cited18 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Owens-Illinois, Inc. v. Lake Shore Land Company, Inc.Court of Appeals for the Third Circuit · 1979
- In Re James S. Hamada, Debtor. James S. Hamada v. Far East National Bank, a California CorporationCourt of Appeals for the Ninth Circuit · 2002
- Astenjohnson, Inc. v. Columbia Casualty Co.Court of Appeals for the Third Circuit · 2009
- Equibank v. Dan-Ver Enterprises, Inc. (In Re Dan-Ver Enterprises, Inc.)United States Bankruptcy Court, W.D. Pennsylvania · 1988
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3Cited by4 opinions
- Wintroub v. Nationstar Mortg. LLCNebraska Supreme Court · 2019
- Wintroub v. Nationstar MortgageNebraska Supreme Court · 2019
- PARK RESTORATION, LLC v. TRUSTEES OF CONNEAUT LAKE PARK, INC.District Court, W.D. Pennsylvania · 2019
- Wintroub v. Nationstar MortgageNebraska Supreme Court · 2019