In Re Woodhouse
United States Bankruptcy Court, D. Rhode Island
1Opinion of the Court
DECISION AND ORDER
ARTHUR N. VOTOLATO, Bankruptcy Judge.
The Chapter 13 Debtors seek to treat the second mortgage held by Beneficial Mortgage Company of Rhode Island as wholly unsecured, and to remove said mortgage from their principal residence. In its objection, Beneficial argues that Nobelman v. American Sav. Bank, — U.S. —, 113 S.Ct. 2106,124 L.Ed.2d 228 (1993), precludes any modification of its lien on the Debtors’ home. For the reasons discussed below, based on the authorities cited, and treating the debt to Beneficial as completely unsecured under 11 U.S.C. § 506(a), we conclude that…
2Cases cited9 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
- Matter of PlouffeUnited States Bankruptcy Court, D. Connecticut · 1993
- In Re WilliamsUnited States Bankruptcy Court, E.D. Kentucky · 1993
- In Re LeeUnited States Bankruptcy Court, W.D. Oklahoma · 1993
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- Laskin v. First National Bank (In Re Laskin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
28 more not listed; retrieve them via the Exa API.