Legal Opinion

In Re Hibbert

United States Bankruptcy Court, E.D. New York

Decided October 16, 1981No. 8-19-71007PublishedCited by 11 opinions

1Opinion of the Court

ROBERT JOHN HALL, Bankruptcy Judge.

Background

On June 17, 1981, Phillip and Ivy Hibbert (the “Debtors”) filed a joint petition under Chapter 13 of the Bankruptcy Code, 11 U.S.C. §§ 1301 et seq. (Supp. Ill 1979). Emigrant Savings Bank (“Emigrant”) was scheduled as a secured creditor holding the mortgage on the Debtors’ principal residence which was then in foreclosure. The Debtors listed a $7,000 default representing mortgage arrears of eighteen months which they proposed to cure through a thirty-two month plan. Emigrant objected to confirmation, see id. at § 1324, on the ground that the plan…

2Cases cited5 opinions

  1. Matter of SmithUnited States Bankruptcy Court, E.D. New York · 1980
  2. In Re ElkindUnited States Bankruptcy Court, D. Colorado · 1981
  3. Matter of GregoryUnited States Bankruptcy Court, S.D. New York · 1981
  4. Lincoln First Bank, N. A. v. ThayerNew York Supreme Court · 1979
  5. Inter-City Investor Corp. v. KesslerAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by11 opinions

  1. In Re RobertsUnited States Bankruptcy Court, E.D. New York · 1982
  2. In Re ColegroveCourt of Appeals for the Sixth Circuit · 1985
  3. In Re BusoneUnited States Bankruptcy Court, E.D. New York · 1987
  4. In Re Tacoma Recycling, Inc.United States Bankruptcy Court, W.D. Washington · 1982
  5. In Re WebbUnited States Bankruptcy Court, E.D. New York · 1983

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