Legal Opinion

Williamson v. Washington Mutual Home Loans, Inc.

District Court, M.D. Georgia

Decided February 4, 2009No. 5:08-cv-00084Published

1Opinion of the Court

ORDER

CLAY D. LAND, District Judge.

Appellants appeal the bankruptcy court’s finding that Appellee’s claim pursuant to a security deed covering Appellants’ land and mobile home should not be modified upon the confirmation of Appellants’ modified Chapter 13 plan. The bankruptcy court found that Appellee’s claim was secured by a security interest in real property consisting of Appellants’ principal residence, and therefore, that claim could not be modified under 11 U.S.C. § 1322(b)(2). Appellants maintain that their mobile home should not be considered “real property,” and thus it should not be…

2Cases cited9 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen BatemanCourt of Appeals for the Eleventh Circuit · 2003
  3. In Re Ida v. Reider and James M. Reider, Debtors. Ida v. Reider v. Federal Deposit Insurance CorporationCourt of Appeals for the Eleventh Circuit · 1994
  4. Manderson & Associates, Inc. v. GoreCourt of Appeals of Georgia · 1989
  5. Goger v. United States (In Re Janmar, Inc.)United States Bankruptcy Court, N.D. Georgia · 1979

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