In Re Binford
United States Bankruptcy Court, W.D. Kentucky
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
- 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
- Associates Financial Services Corp. v. Cowen (In Re Cowen)United States Bankruptcy Court, S.D. Ohio · 1983
- In Re BrownUnited States Bankruptcy Court, S.D. Ohio · 1985
- In Re FarmerUnited States Bankruptcy Court, M.D. Florida · 1981
- Manufacturer's Hanover Mortgage Corp. v. Fryer (In Re Fryer)United States Bankruptcy Court, S.D. Ohio · 1985
3Cited by24 opinions
- 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
- Matter of LagasseUnited States Bankruptcy Court, D. Connecticut · 1986
- In Re McKinstryUnited States Bankruptcy Court, D. Vermont · 1986
- In Re KlappUnited States Bankruptcy Court, W.D. Oklahoma · 1987
- Southeast Bank, N.A. v. Jones (In Re Jones)District Court, N.D. Alabama · 1989
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