Legal Opinion

In Re Binford

United States Bankruptcy Court, W.D. Kentucky

Decided September 20, 1985No. 19-50084PublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM-OPINION

G. WILLIAM BROWN, Bankruptcy Judge.

This matter comes before the court on the Objection to Confirmation of the debt- or’s Plan or alternatively, that the objecting creditor be granted relief from the Automatic Stay.

At issue is whether a Chapter 13 debtor may include within the Plan a proposal to cure an arrearage due a secured real estate mortgagee, where said creditor was listed and discharged in a previously filed Chapter 7 proceeding. For the reasons hereinafter set forth, the debtor’s proposed treatment of this creditor is improper and the creditor’s objections are…

2Cases cited5 opinions

  1. In Re Thomas Howard Bell and Margaret Louise Bell, Debtors. General Motors Acceptance Corporation v. Thomas Howard Bell and Margaret Louise BellCourt of Appeals for the Sixth Circuit · 1983
  2. Associates Financial Services Corp. v. Cowen (In Re Cowen)United States Bankruptcy Court, S.D. Ohio · 1983
  3. In Re BrownUnited States Bankruptcy Court, S.D. Ohio · 1985
  4. In Re FarmerUnited States Bankruptcy Court, M.D. Florida · 1981
  5. Manufacturer's Hanover Mortgage Corp. v. Fryer (In Re Fryer)United States Bankruptcy Court, S.D. Ohio · 1985

3Cited by24 opinions

  1. In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1989
  2. Matter of LagasseUnited States Bankruptcy Court, D. Connecticut · 1986
  3. In Re McKinstryUnited States Bankruptcy Court, D. Vermont · 1986
  4. In Re KlappUnited States Bankruptcy Court, W.D. Oklahoma · 1987
  5. Southeast Bank, N.A. v. Jones (In Re Jones)District Court, N.D. Alabama · 1989

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