Legal Opinion

Aceves v. U.S. Bank National Ass'n

California Court of Appeal

Decided January 27, 2011No. B220922PublishedCited by 1 opinion

1Opinion of the Court

Opinion

MALLANO, P. J.

As alleged in this case, plaintiff, a married woman, obtained an adjustable rate loan from a bank to purchase real property secured by a deed of trust on her residence. About two years into the loan, she could not afford the monthly payments and filed for bankruptcy under chapter 7 of the Bankruptcy Code (11 U.S.C. §§ 701-784). She intended to convert the chapter 7 proceeding to a chapter 13 proceeding (11 U.S.C. §§ 1301-1330) and to enlist the financial assistance of her husband to reinstate the loan, pay the arrearages, and resume the regular loan payments.

Plaintiff…

2Cases cited23 opinions

  1. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  2. Hensler v. City of GlendaleCalifornia Supreme Court · 1994
  3. Kruse v. Bank of AmericaCalifornia Court of Appeal · 1988
  4. Raedeke v. Gibraltar Savings & Loan Ass'nCalifornia Supreme Court · 1974
  5. Knapp v. DohertyCalifornia Court of Appeal · 2004

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3Cited by1 opinion

  1. Best Animal Society v. Macerich Westside Pavilion Property LLCCalifornia Court of Appeal · 2011

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