Legal Opinion
In Re: Manuel Ferandos, Debtor 1 St 2 Nd Mortgage Co. Of Nj, Inc. v. Manuel Ferandos
Court of Appeals for the Third Circuit
Decided March 18, 2005No. 03-4716PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
In this appeal, we must decide under what circumstances a mortgagee may qualify for the anti-modification protection afforded by 11 U.S.C. § 1322(b)(2). Section 1322(b)(2) of the Bankruptcy Code protects a mortgagee from having its mortgage modified in a chapter 13 bankruptcy proceeding. It applies only if the mortgagee’s claim is secured “only by a security interest in real property that is the debtor’s principal residence.”
We have previously examined mortgages under this template and found them ineligible for protection under 11 U.S.C. §…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- In Re HammondCourt of Appeals for the Third Circuit · 1994
- In Re Jason Realty, L.P., Debtor. First Fidelity Bank, N.A. v. Jason Realty, L.P., Jason Realty, L.P. v. First Fidelity Bank, N.ACourt of Appeals for the First Circuit · 1995
13 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Birmingham v. PNC Bank, N.A. (In Re Birmingham)Court of Appeals for the Fourth Circuit · 2017
- Jilin Pharmaceutical USA, Inc. v. ChertoffCourt of Appeals for the Third Circuit · 2006
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
- In Re SandersUnited States Bankruptcy Court, W.D. Texas · 2007
- Ameriquest Mortgage Co. v. Nosek (In Re Nosek)Court of Appeals for the First Circuit · 2008
32 more not listed; retrieve them via the Exa API.