Legal Opinion

Paddock, LLC v. Bennett (In Re Bennett)

Court of Appeals for the Eighth Circuit

Decided February 28, 2019No. 18-2098PublishedCited by 2 opinions

1Opinion of the Court

BENTON, Circuit Judge.

Benjamin Matthew Bennett and Teresia Robin Bennett filed for Chapter 13 bankruptcy. Their plan proposed that The Paddock's secured claim in their manufactured home would be bifurcated into secured and unsecured parts. The Paddock objected. The bankruptcy court1 overruled the objection. It held that 11 U.S.C. § 1322(b)(2) 's anti-modification provision did not apply to The Paddock's claim. In re Bennett , 2017 WL 1417221 (Bankr. N.D. Iowa Apr. 20, 2017). The Paddock appealed. The Bankruptcy Appellate Panel (BAP) affirmed. In re Bennett , 584 B.R. 15 (8th Cir.BAP 2018).…

2Cases cited26 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Butner v. United StatesSupreme Court of the United States · 1979
  4. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  5. U. S. Bank N. A. v. Village at Lakeridge, LLCSupreme Court of the United States · 2018

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

3Cited by2 opinions

  1. In Re: James Kurt BirdDistrict Court, D. Nebraska · 2021
  2. Kip and Andrea Richards Family Farm & Ranch, LLCUnited States Bankruptcy Court, D. Nebraska · 2019

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