Legal Opinion

First National Fidelity Corp. v. Ruth Perry, Robert M. Wood, Trustee

Court of Appeals for the First Circuit

Decided October 8, 1991No. 90-5928PublishedCited by 80 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Recognizing that “state laws are ... suspended only to the extent of actual conflict with the system provided by the Bankruptcy [Code],” Stellwagen v. Clum, 245 U.S. 605, 613, 38 S.Ct. 215, 217, 62 L.Ed. 507 (1918), this court has held that Chapter 13 does not authorize a debtor to reinstate his New Jersey home mortgage after a foreclosure sale and before the time for redemption has expired. In re Roach, 824 F.2d 1370, 1373 (3d Cir.1987). Our analysis in Roach led to the conclusion that such a mortgage cannot be reinstated at any time after a…

2Cases cited11 opinions

Stellwagen v. ClumSupreme Court of the United States · 1918
In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
Ronald E. Grubbs v. Houston First American Savings AssociationCourt of Appeals for the First Circuit · 1984
Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990

6 more not listed; retrieve them via the Exa API.

3Cited by80 opinions

First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
General Motors Acceptance Corporation v. Alphonso Jones, Debtor, Robert M. Wood, TrusteeCourt of Appeals for the Third Circuit · 1993
Noonan v. Secretary of Health & Human ServicesCourt of Appeals for the First Circuit · 1997
In Re Clarence Gordon Witt Carolyn Sue Witt, Debtors. Clarence Gordon Witt Carolyn Sue Witt v. United Companies Lending CorporationCourt of Appeals for the Fourth Circuit · 1997
In Re: Wayne K. Crawford, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2003

75 more not listed; retrieve them via the Exa API.