Legal Opinion
In Re Pedigo
United States Bankruptcy Court, E.D. Tennessee
Decided September 23, 2002No. 01-13113PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
R. THOMAS STINNETT, Bankruptcy Judge.
Citifinancial objected to confirmation of the debtors’ chapter 13 plan on two grounds: (1) the proposed cram-down of Citifinancial’s second mortgage claim is barred by the home mortgage exception; (2) the plan was not proposed in good faith. 11 U.S.C. § 1325(a)(3), (a)(5)(B) & § 1322(b)(2). Citifinancial’s claims are actually secured by deeds of trust, but for convenience the court will refer to them as mortgages.
Citifinancial’s bad faith objection depends on its objection under the home mortgage exception. The theory is that the debtors…
2Cases cited31 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Harrell v. Minnesota Mutual Life Insurance Co.Tennessee Supreme Court · 1996
- In Re Iris June Davis, Debtor. Allied Credit Corporation v. Iris June DavisCourt of Appeals for the Sixth Circuit · 1993
- Rodriguez v. Mellon Bank, N.A. (In Re Rodriguez)United States Bankruptcy Court, E.D. Pennsylvania · 1998
- Wright v. C & S Family Credit, Inc. (In Re Wright)United States Bankruptcy Court, N.D. Georgia · 1991
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3Cited by2 opinions
- In Re ShepherdUnited States Bankruptcy Court, E.D. Tennessee · 2006
- Hlady v. American Education ServicesUnited States Bankruptcy Court, E.D. New York · 2020