Legal Opinion
In re Arnold
United States Bankruptcy Court, N.D. Illinois
Decided November 28, 2012No. 12 B 11838PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION
DONALD R. CASSLING, Bankruptcy Judge.
The issue in this case is whether an unrecorded Illinois mortgage is “a claim secured only by a security interest in real property that is the debtor’s principal residence” for purposes of 11 U.S.C. § 1322(b)(2), which prohibits a Chapter 13 plan from modifying the rights of a holder of such a claim.
It is undisputed that Bank of America, N.A. (the “Bank”), never recorded its mortgage on the principal residence of debtors Sandra and Donald Arnold (the “Debtors”). The parties also agree that under Illinois law: (1) the Bank may not enforce…
2Cases cited18 opinions
- Hanson v. DencklaSupreme Court of the United States · 1958
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In re PenrodCourt of Appeals for the Seventh Circuit · 1995
- Einoder v. Mount Greenwood Bank (In Re Einoder)United States Bankruptcy Court, N.D. Illinois · 1985
- Robert E. Disch v. Faye F. RasmussenCourt of Appeals for the Seventh Circuit · 2005
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3Cited by5 opinions
- In re TurnerUnited States Bankruptcy Court, District of Columbia · 2013
- In re TurnerUnited States Bankruptcy Court, N.D. Illinois · 2016
- National Union Fire Insurance v. Timothy D. (In re Timothy D.)United States Bankruptcy Court, N.D. Illinois · 2014
- Pentagon Federal Credit Union v. PoorianAppellate Court of Illinois · 2024
- Trinity 83 Development, LLC v. Colfin Midwest Funding, LLC (In re Trinity 83 Development, LLC)United States Bankruptcy Court, N.D. Illinois · 2017