Legal Opinion

In Re Mancle

United States Bankruptcy Court, E.D. Arkansas

Decided September 14, 2004No. 2:03-BK-18756Published

1Opinion of the Court

ORDER

JAMES G. MIXON, Bankruptcy Judge.

Hillsboro Financial Services Associates (“Hillsboro”), a creditor in this chapter 13 case, has filed an objection to confirmation of the plan and an objection to the trustee’s motion and order that allowed the four claims of First National Bank of Eastern Arkansas (“Bank”).

In each contested matter, the issue before the Court is whether the Bank holds claims secured by a first mortgage lien in the Debtors’ residence. Hillsboro, which holds a second mortgage in the same property, argues that the Bank’s mortgage was extinguished by the Bank’s subsequent loan…

2Cases cited7 opinions

  1. Hendrickson v. Farmers' Bank & Trust Co.Supreme Court of Arkansas · 1934
  2. Security Bank v. First National BankSupreme Court of Arkansas · 1978
  3. Bank of Searcy v. KrohSupreme Court of Arkansas · 1938
  4. Union National Bank of Little Rock v. First State Bank & Trust Co. of ConwayCourt of Appeals of Arkansas · 1985
  5. Simpson v. Little Rock North Heights Water District No. 18Supreme Court of Arkansas · 1935

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