Legal Opinion
In re Plummer
United States Bankruptcy Court, M.D. Florida
Decided January 14, 2013No. 8:12-bk-03870-MGWPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
Under 11 U.S.C. § 1322(b)(2), a chapter 13 debtor’s plan may modify the rights of a holder of a secured claim other than a claim secured by a lien on the debtor’s principal residence. In this ease, a condominium association holds a lien for unpaid assessments that is secured by the debt- or’s principal residence. However, because the amount of the first mortgage exceeds the value of the property, under bankruptcy law, the condominium association’s lien is unsecured. And while Florida statutes section 718.116 does give the condominium…
2Cases cited7 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National FundingCourt of Appeals for the First Circuit · 2000
- BD. OF TRUSTEES OF INTERNAL IMP. TR. FUND v. Sand Key Assoc.Supreme Court of Florida · 1987
- Humana Health Plans v. LawtonDistrict Court of Appeal of Florida · 1996
- In re ScantlingUnited States Bankruptcy Court, M.D. Florida · 2012
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3Cited by2 opinions
- In re FordeUnited States Bankruptcy Court, S.D. New York · 2014
- In re LopezUnited States Bankruptcy Court, D. Colorado · 2014