Legal Opinion
Reed v. Norwest Mortgage, Inc. (In Re Reed)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 25, 2000No. 13-20137PublishedCited by 7 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A INTRODUCTION
The instant Proceeding (“the Proceeding”) presents the significant legal question of whether the presence of a clause in a mortgage expressly stating that funds escrowed by the Mortgagee for taxes and hazard insurance constitute a security interest in the Debtor-mortgagor’s property excludes the Mortgagee’s claim from the scope of 11 U.S.C. § 1322(b)(2). That Code section prevents the “modification,” pursuant to 11 U.S.C. § 506(a), of a secured claim which is “secured only by a security interest in real property that is the debtor’s…
2Cases cited32 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- United States v. Lawrence S. BloomCourt of Appeals for the Seventh Circuit · 1998
- General Motors Acceptance Corporation v. Alphonso Jones, Debtor, Robert M. Wood, TrusteeCourt of Appeals for the Third Circuit · 1993
27 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In Re HughesUnited States Bankruptcy Court, M.D. North Carolina · 2005
- In Re GibsonUnited States Bankruptcy Court, E.D. Pennsylvania · 2000
- Akwa v. Residential Credit Solutions, Inc.District Court, D. Maryland · 2015
- Brown v. Master Financial, Inc. (In Re Brown)United States Bankruptcy Court, M.D. Florida · 2004
- Donadio v. Countrywide Home Loans, Inc. (In Re Donadio)United States Bankruptcy Court, M.D. Pennsylvania · 2001
2 more not listed; retrieve them via the Exa API.