Legal Opinion
In Re Parks
United States Bankruptcy Court, W.D. New York
Decided November 12, 1998No. 1-19-10144PublishedCited by 11 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Chief Judge.
An interesting question, perhaps of first impression, is raised here. May a person who has inherited mortgaged real estate that is his home, file a Chapter 13 petition and Chapter 13 Plan to redeem the real estate over the objection of the mortgagee, even though the mortgagee obtained a judgment of foreclosure and sale before the real estate was deeded to that person by the executor of the decedent’s estate and before the filing of the Chapter 13 petition? This Court answers the question in the negative and holds that Chapter 13 may not be used to force a…
2Cases cited4 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- In Re BarhamUnited States Bankruptcy Court, E.D. North Carolina · 1996
- In Re DowningUnited States Bankruptcy Court, D. New Jersey · 1997
3Cited by11 opinions
- In Re AllenDistrict Court, District of Columbia · 2003
- In Re TewellUnited States Bankruptcy Court, N.D. Illinois · 2006
- In Re CurintonUnited States Bankruptcy Court, M.D. Florida · 2003
- Allen v. Wells Fargo Bank Minnesota, N.A.District Court, District of Columbia · 2005
- In Re CadyUnited States Bankruptcy Court, N.D. New York · 2010
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