Legal Opinion
In Re Harris
District Court, D. New Jersey
Decided January 19, 1989No. Civ. A. 86-2952PublishedCited by 31 opinions
1Opinion of the Court
OPINION
RODRIGUEZ, District Judge
Debtors Stanley and Deborah Harris appeal an order by the bankruptcy court denying confirmation of debtors’ proposed Chapter 13 plan. The bankruptcy court denied the plan because it included the cramdown of two mortgages secured only by the debtors’ principal residence in violation of the provisions set forth in 11 U.S.C. § 1322(b)(2). This section prohibits modification of the rights of a holder of a claim that is secured only by a security interest in real property that is the debtor’s principal place of residence. Appellants argue, however, that the two…
2Cases cited16 opinions
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Watt v. AlaskaSupreme Court of the United States · 1981
- Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
- Markham v. CabellSupreme Court of the United States · 1946
- United Companies Financial Corp. v. BrantleyUnited States Bankruptcy Court, N.D. Florida · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- In Re Danny L. Hart and Joanne E. Hart, Debtors. Eastland Mortgage Co. v. Danny L. Hart and Joanne E. HartCourt of Appeals for the Tenth Circuit · 1991
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
26 more not listed; retrieve them via the Exa API.