Legal Opinion
In Re Winston
United States Bankruptcy Court, N.D. New York
Decided May 7, 2009No. 13-12977PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
ROBERT E. LITTLEFIELD, JR., Chief Judge.
Before the court is the objection of Countrywide Home Loans, Inc. (“Countrywide”) to debtor Darleen M. Winston’s proposed Chapter 13 plan. Countrywide argues that the plan must comply with 11 U.S.C. § 1322(b)(2), 1 which prohibits the modification of the rights of a creditor whose interest is secured only by real property that is the principal residence of the debtor. Meanwhile, Ms. Winston contends that the plan provisions are permissible under § 524(i), which allegedly contemplates, and thereby allows, plan provisions…
2Cases cited20 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- Maurillo v. Park Slope U-HaulAppellate Division of the Supreme Court of the State of New York · 1993
- Tate v. NationsBanc Mortgage Corp. (In Re Tate)United States Bankruptcy Court, W.D. North Carolina · 2000
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3Cited by1 opinion
- In re ParkmanUnited States Bankruptcy Court, S.D. Mississippi · 2018