Legal Opinion
In re Laycock
United States Bankruptcy Court, S.D. New York
Decided September 25, 2013No. Case No. 13-35122 (cgm)PublishedCited by 3 opinions
1Opinion of the Court
Chapter 13
MEMORANDUM DECISION DENYING DEBTOR’S MOTION TO BIFURCATE OCWEN’S FIRST MORTGAGE LIEN
CECELIA G. MORRIS, CHIEF UNITED STATES BANKRUPTCY JUDGE
Introduction
Before the Court is a motion to bifurcate a first mortgage lien on real property that the debtor argues is not his principal residence. The mortgage holder counters by arguing that the real property is the debt- or’s principal residence. The Court agrees with the mortgage holder. Most persuasive is the fact that the debtor opted to participate in this Court’s loss mitigation program which ultimately resulted in a HAMP loan…
2Cases cited15 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
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3Cited by3 opinions
- In re AddamsUnited States Bankruptcy Court, E.D. New York · 2017
- In re CrumpUnited States Bankruptcy Court, D. South Carolina · 2015
- In re MoralesUnited States Bankruptcy Court, S.D. New York · 2014