Legal Opinion
In re Schayes
United States Bankruptcy Court, D. Arizona
Decided December 4, 2012No. 2:11-bk-20775PublishedCited by 12 opinions
1Opinion of the Court
OPINION RE PRINCIPAL RESIDENCE AND APPLICATION OF § 1123(b)(5)
RANDOLPH J. HAINES, Bankruptcy Judge.
The issue here is whether the only home in which the Debtors resided pre-petition, and in which they have continued to reside post-petition, qualifies as their “principal residence” for purposes of 11 U.S.C. § 1123(b)(5).1 The Debtors maintain it does not qualify as their principal residence because they bought the property for investment purposes, and consequently *211can modify the debt secured by the residence notwithstanding § 1123(b)(5).
This matter is before the Court on a motion for summary…
2Cases cited12 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
- Atlas Life Insurance v. W. I. Southern, Inc.Supreme Court of the United States · 1939
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Wages v. J.P. Morgan Chase Bank, N.A. (In Re Wages)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- In re AbregoUnited States Bankruptcy Court, N.D. Illinois · 2014
- In re HockUnited States Bankruptcy Court, S.D. Florida. · 2017
- Patricia Lee v. U.S. Bank National AssociationCourt of Appeals for the Eleventh Circuit · 2024
- In re LaycockUnited States Bankruptcy Court, S.D. New York · 2013
7 more not listed; retrieve them via the Exa API.