Wages v. J.P. Morgan Chase Bank, N.A. (In Re Wages)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
JURY, Bankruptcy Judge.
Debtors, Clayton Hoyt Wages and Andrea S. Wages, appeal from the bankruptcy court’s order denying confirmation of their chapter 111 plan in which they sought to modify the terms of a mortgage on their real property held by appellee-creditor, J.P. Morgan Chase Bank, N.A. (Creditor).
At issue is whether the anti-modification provision under § 1123(b)(5) applies to any loan secured only by real property that the debtor uses as a principal residence or whether it is limited to those claims secured by property used only as a debtor’s principal residence. The issue is…
2Cases cited17 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
- Adebanjo v. Dime Savings Bank of New York, FSB (In Re Adebanjo)United States Bankruptcy Court, D. Connecticut · 1994
- In Re AbdelgadirUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
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3Cited by15 opinions
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- In re SnowdenUnited States Bankruptcy Court, E.D. Kentucky · 2016
- In re ListerUnited States Bankruptcy Court, S.D. Ohio · 2018
- Patricia Lee v. U.S. Bank National AssociationCourt of Appeals for the Eleventh Circuit · 2024
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