Legal Opinion

In Re Lopez

United States Bankruptcy Court, C.D. California

Decided October 3, 2006No. SA 05-110420 TAPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION OVERRULING CHAPTER 13 TRUSTEE’S OBJECTION TO CONFIRMATION OF PLAN

THEODOR C. ALBERT, Bankruptcy Judge.

The Trustee filed his objection to confirmation of the Debtor’s Chapter 13 plan (“plan”). The sole basis for the objection was the Trustee’s legal argument that the plan could not, after amendments under BAPCPA * and under pre-BAPCPA authority, appoint the Debtor as disbursing agent under the plan for current payments due under the Debtor’s home mortgage. The plan also provides that arrearages due on the mortgage, along with other claims, will be paid through the…

2Cases cited16 opinions

Rake v. WadeSupreme Court of the United States · 1993
In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
In Re Entz-White Lumber And Supply, Inc.Court of Appeals for the Ninth Circuit · 1988
In the Matter of Walter N. Aberegg, Jr., and Sandra J. Aberegg, Debtors. Appeal of Standing Chapter 13 Trustee Tedd E. Mishler, EsqCourt of Appeals for the Seventh Circuit · 1992

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3Cited by1 opinion

Cohen v. Lopez (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007