Legal Opinion
Davis v. Green Tree Servicing, LLC (In Re Davis)
Bankruptcy Appellate Panel of the Sixth Circuit
Decided April 16, 2008No. 07-8032PublishedCited by 15 opinions
1Opinion of the Court
OPINION
MARILYN SHEA-STONUM, Bankruptcy Judge.
Kenneth L. Davis and Tammy R. Davis (collectively, the “Debtors”) appeal an order of the bankruptcy court prohibiting them from modifying the secured claim of Green Tree Servicing, LLC (“Green Tree”) and sustaining the objection of Green Tree to confirmation of the Debtors’ chapter 13 plan. For the reasons that follow, we reverse and remand.
I. ISSUE ON APPEAL
Whether the addition of § 101(13A) to the Bankruptcy Code, 1 defining a “debtor’s personal residence,” changed the scope of the anti-modification provision in § 1322(b)(2) to prevent a debtor…
2Cases cited13 opinions
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
- Treinish v. Norwest Bank Minnesota, N.A. (In Re Periandri)Bankruptcy Appellate Panel of the Sixth Circuit · 2001
- In Re Iris June Davis, Debtor. Allied Credit Corporation v. Iris June DavisCourt of Appeals for the Sixth Circuit · 1993
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Green Tree Servicing, LLC v. Coleman (In Re Coleman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
- Reinhardt v. Vanderbilt Mortgage and Finance, Inc.Court of Appeals for the Sixth Circuit · 2009
- State Bank v. Miller (In Re Miller)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- State Bank of Florence v. Miller (In Re Miller)Court of Appeals for the Sixth Circuit · 2013
- Jordan v. Greentree Consumer Discount Co. (In Re Jordan)United States Bankruptcy Court, W.D. Pennsylvania · 2009
10 more not listed; retrieve them via the Exa API.