Legal Opinion
Shearson Lehman Mortgage Corp. v. Laguna (In re Laguna)
Court of Appeals for the Ninth Circuit
Decided September 11, 1991No. 90-15715PublishedCited by 7 opinions
1Opinion of the Court
LEAVY, Circuit Judge:
This case presents a question of first impression in this Circuit involving the distinction between cure and modification in the context of bankruptcy law. For the reasons set forth below, we affirm the bankruptcy court’s ruling in favor of the debtors.
FACTS AND PRIOR PROCEEDINGS
Emilio and Cynthia Laguna (“debtors”) own a single-family dwelling which is both their principal residence and the sole security for their obligation, represented by a promissory note and deed of trust, to Shearson Lehman Mortgage Corporation (“SLMC”), an oversecured creditor. The debtors filed a…
2Cases cited18 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
- Appeal of Lynnwood G. Capps, Barbara J. Capps, Commonwealth Eastern Mortgage CorporationCourt of Appeals for the Third Circuit · 1987
- In Re SeidelCourt of Appeals for the Ninth Circuit · 1985
- In Re Howard Carl Gustafson, Jr., Debtor. California State University, Fresno v. Howard Carl Gustafson, Jr.Court of Appeals for the Ninth Circuit · 1991
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re MilhamCourt of Appeals for the Second Circuit · 1998
- In Re HarkoBankruptcy Appellate Panel of the Second Circuit · 1997
- In Re John Jeffrey Peters, Debtor. Mason-Mcduffie Mortgage Corporation v. John Jeffrey PetersCourt of Appeals for the Ninth Circuit · 1996
- Barry v. BA Properties, Inc. (In Re Barry)District Court, C.D. California · 1996
- Key Bank National Ass'n v. MilhamCourt of Appeals for the Second Circuit · 1998
2 more not listed; retrieve them via the Exa API.