In Re Perez
United States Bankruptcy Court, S.D. Texas
1Opinion of the Court
MEMORANDUM OPINION
JEFF BOHM, Bankruptcy Judge.
I. INTRODUCTION
This Memorandum Opinion is written to address a very important issue to Chapter 13 debtors in general and the several Chapter 13 Debtors referenced above: Should they be allowed to pay their home mortgage lenders directly instead of remitting the necessary funds to the trustee for distribution to the mortgagees? Debtors Perez, Lanier, Frias, Bryan, Hatcher, and Stewart (the Debtors) assert that they should be allowed to do so. 1 This Court disagrees. This Opinion sets forth how the Court has arrived at its decision.
II. HISTORICAL…
2Cases cited60 opinions
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Rake v. WadeSupreme Court of the United States · 1993
- In Re Benjamin Pierce Simmons, Bankrupt. Benjamin Pierce Simmons v. J.T. SavellCourt of Appeals for the Fifth Circuit · 1985
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3Cited by36 opinions
- In Re OrawskyUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
- Giesbrecht v. Fitzgerald (In Re Giesbrecht)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- Perez v. PeakeDistrict Court, S.D. Texas · 2007
- Cohen v. Lopez (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- In Re JanssenUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
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