Legal Opinion
Federal National Mortgage Ass'n v. Miller
New York Supreme Court
Decided March 13, 1984PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Eli Wager, J.
The issue raised on this motion by the defendant mortgagor for an order vacating a judgment of foreclosure and canceling the deed delivered to the plaintiff mortgagee is whether the foreclosure proceeding commenced prior to the filing of the defendant’s chapter 13 bankruptcy petition survived the chapter 13 plan. (US Code, tit 11, ch 13.)
The plaintiff’s complaint served on December 13, 1980, asserts that by virtue of defendant’s default in making the mortgage payment installment due on August 1,1979, the entire debt was due and owing. On March 6, 1981, the…
2Cases cited9 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Kilpatrick v. . Germania Life Ins. Co.New York Court of Appeals · 1905
- Matter of LaPagliaUnited States Bankruptcy Court, E.D. New York · 1981
- Dime Savings Bank v. DooleyAppellate Division of the Supreme Court of the State of New York · 1981
- In Re TuchmanUnited States Bankruptcy Court, S.D. New York · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Delaware Trust Co. v. Energy Future Intermediate Holding Co. (In Re Energy Future Holdings Corp.)Court of Appeals for the Third Circuit · 2016
- In Re Solutia Inc.United States Bankruptcy Court, S.D. New York · 2007
- Bennett v. Genoa Ag Center, Inc. (In Re Bennett)United States Bankruptcy Court, N.D. New York · 1993
- In Re GuarnieriUnited States Bankruptcy Court, D. Connecticut · 2003
- US Bank N.A. v. NarainAppellate Division of the Supreme Court of the State of New York · 2024