Legal Opinion
In Re Rathbun
United States Bankruptcy Court, D. Rhode Island
Decided December 28, 2001No. 01-11823PublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER
ARTHUR N. VOTOLATO, Bankruptcy Judge.
Heard on the motion by Sovereign Bank New England, as successor to BankBo-ston, N.A. (“the Bank”), to compel the Debtors to reaffirm their debt to the Bank, or to surrender collateral consisting of real property. The Debtors now object to reaffirmation, although their statement of intent, filed pursuant to 11 U.S.C. § 521(2)(A), indicates that they will reaffirm the debt. The issues are (1) whether the loan in question is a consumer debt secured by property of the estate, thereby falling under 11 U.S.C. § 521(2)(A); and, if so, what…
2Cases cited36 opinions
- In Re Charles Ellsworth Krohn AKA Charles E. Krohn, Appellant/debtorCourt of Appeals for the Sixth Circuit · 1989
- In Re: Danny Padilla, Debtor. William T. Neary, United States Trustee for Region 16 v. Danny PadillaCourt of Appeals for the Ninth Circuit · 2000
- In Re Brian K. Boodrow, Debtor. Capital Communications Federal Credit Union v. Brian K. BoodrowCourt of Appeals for the Second Circuit · 1997
- Hill v. SmithSupreme Court of the United States · 1923
- In Re Warren L. Taylor, Jr., Cathy L. Taylor, Debtors. Warren L. Taylor, Jr., Cathy L. Taylor v. Age Federal Credit UnionCourt of Appeals for the Eleventh Circuit · 1993
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3Cited by4 opinions
- In Re ScruggsUnited States Bankruptcy Court, D. South Carolina · 2004
- In Re AmoakoheneUnited States Bankruptcy Court, N.D. Illinois · 2003
- In Re SilvestriUnited States Bankruptcy Court, D. Rhode Island · 2003
- In re: Lydia Maria Rivera CalderonUnited States Bankruptcy Court, D. Puerto Rico · 2018