Legal Opinion

In re Clark

Court of Appeals for the Seventh Circuit

Decided July 6, 1984No. 83-2269PublishedCited by 96 opinions

1Opinion of the Court

PRENTICE H. MARSHALL, District Judge.

The question presented in this appeal is whether a debtor who has filed a petition in bankruptcy under chapter 13 of the Bankruptcy Code is entitled under the Code to “cure” a default on a residential mortgage loan though he filed- the bankruptcy petition only after a state court had entered a judgment of foreclosure. The district court, 32 B.R. 711, on appeal from a final order confirming the debtors’ plan, held that he cannot. 'We reverse.

On September 4, 1974, appellants Hugh and Joanne Clark obtained a loan from appellee Federal Land Bank of St. Paul…

2Cases cited16 opinions

  1. Watt v. AlaskaSupreme Court of the United States · 1981
  2. National Labor Relations Board v. Amax Coal Co.Supreme Court of the United States · 1981
  3. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  4. Ronald E. Grubbs v. Houston First American Savings AssociationCourt of Appeals for the First Circuit · 1984
  5. Bird v. United StatesSupreme Court of the United States · 1902

11 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
  2. In the Matter of Madison Hotel Associates, D/B/A the Concourse Hotel, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
  3. In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
  4. United States v. Scott FranzCourt of Appeals for the Seventh Circuit · 1989
  5. International Administrators, Inc. And Sheldon Harrison v. Life Insurance Company of North AmericaCourt of Appeals for the Seventh Circuit · 1985

91 more not listed; retrieve them via the Exa API.

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