Legal Opinion

In re Diggins

United States Bankruptcy Court, D. Colorado

Decided December 20, 2016No. Case No. 10-40335-JGRPublishedCited by 3 opinions

1Opinion of the Court

ORDER

Joseph G. Rosania, Jr., United States Bankruptcy Judge

This case presents this Court with its first occasion to weigh in on the recent trend of lenders objecting to discharge at the conclusion of a Chapter 13 case because a debtor has failed to make post-petition mortgage payments. After a status conference, the Court asked the parties to brief the issue so it may consider the most recent decisions from other divisions of this Court in rendering its decision. The parties have submitted their briefs, and being advised, the Court is ready to rule.

I. Procedural Background

The Debtor filed for…

2Cases cited10 opinions

  1. In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
  2. In Re PerezUnited States Bankruptcy Court, S.D. Texas · 2006
  3. In Re RussellUnited States Bankruptcy Court, E.D. Virginia · 2010
  4. In Re HankinsUnited States Bankruptcy Court, W.D. Virginia · 1986
  5. In Re BinderUnited States Bankruptcy Court, D. Colorado · 1998

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

3Cited by3 opinions

  1. In re CoughlinUnited States Bankruptcy Court, E.D. New York · 2017
  2. Evans v. StackhouseDistrict Court, E.D. Virginia · 2017
  3. Ismael Villarreal and Ana Marie VillarrealUnited States Bankruptcy Court, S.D. Texas · 2022

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