Legal Opinion
In Re Enriquez
United States Bankruptcy Court, S.D. California
Decided January 7, 2000No. 14-08306PublishedCited by 7 opinions
1Opinion of the Court
ORDER ON MOTION TO AVOID LIEN OF FIRSTPLUS FINANCIAL
PETER W. BOWIE, Bankruptcy Judge.
The Debtors seek to strip off the lien of the holder of the second priority deed of trust on their residence. The secured creditor argues that the Debtors are precluded from modifying its rights under Bankruptcy Code § 1322. The Debtors counter that the secured creditor is in fact not secured because insufficient equity exists in the residence to secure even a portion of its lien.
This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1334 and General Order No. 312-D of the United States District…
2Cases cited13 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Bank of Maui v. Estate Analysis, Inc.Court of Appeals for the Ninth Circuit · 1990
- Matter of PlouffeUnited States Bankruptcy Court, D. Connecticut · 1993
- In Re GeyerUnited States Bankruptcy Court, S.D. California · 1996
8 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re Sieglinde M. Zimmer, Debtor, Sieglinde M. Zimmer v. Psb Lending CorporationCourt of Appeals for the Ninth Circuit · 2002
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003
- In Re SadalaUnited States Bankruptcy Court, M.D. Florida · 2003
- In Re WoodwardUnited States Bankruptcy Court, S.D. Iowa · 2001
2 more not listed; retrieve them via the Exa API.