Legal Opinion

In Re McNeely

United States Bankruptcy Court, N.D. West Virginia

Decided April 9, 2007No. 05-5512PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

PATRICK M. FLATLEY, United States Bankruptcy Judge.

Carl and Teresa McNeely (the “Debtors”) seek confirmation of their proposed Chapter 13 plan, which provides that they will retain a 1997 Rinker Fiesta Vee 3 houseboat (the “Houseboat”). Key Bank USA, NA (“Key Bank”) holds a properly perfected security interest in the Houseboat, and it requests relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(2) on the grounds that the Debtors have no equity in the Houseboat and it is not necessary to their effective reorganization. Key Bank and the Debtors’ Chapter 13 trustee…

2Cases cited17 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. William Neufeld, Creditor v. Susan K. Freeman, Debtor, and Emily Y. Wilson, TrusteeCourt of Appeals for the Fourth Circuit · 1986
  3. Roger M. Noreen v. Starr Bridget SlattengrenCourt of Appeals for the Eighth Circuit · 1992
  4. In Re: Patricia A. BrightfulCourt of Appeals for the First Circuit · 2001
  5. In Re RogersUnited States Bankruptcy Court, E.D. Michigan · 1986

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3Cited by1 opinion

  1. Gregory Wayne Lattea and Angela Lee LatteaUnited States Bankruptcy Court, S.D. West Virginia · 2021

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