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Legal Opinion

Bankr. L. Rep. P 76,017 in Re Gloria A. McClurkin Debtor. Huntington National Bank v. Frank Pees, Trustee

Court of Appeals for the Sixth Circuit

Decided August 5, 1994No. 93-3698PublishedCited by 25 opinions

1Opinion of the Court

SUHRHEINRICH, Circuit Judge.

Pees (Trustee) objected to Huntington National Bank’s (Creditor) proof of claim in McClurkin’s (Debtor) Chapter 13 bankruptcy. The bankruptcy court sustained the Trustee’s objection and the district court affirmed. Creditor appeals and we REVERSE and REMAND for further proceedings.

I

Creditor filed a proof of claim in MeClur-kin’s Chapter 13 bankruptcy in the amount of $19,186.23. The claim is secured only by a second mortgage on Debtor’s principal residence. Debtor’s residence was appraised at $138,000.00 and the property is encumbered by a first mortgage in the…

2Cases cited15 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  4. In Re Peter Gordon Balbus, Debtor. Brown and Company Securities Corporation v. Peter Gordon BalbusCourt of Appeals for the Fourth Circuit · 1991
  5. In Re ClaeysUnited States Bankruptcy Court, D. North Dakota · 1987

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3Cited by25 opinions

  1. In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
  2. In Re Donald Taffi Madelaine Taffi, Debtors. Donald Taffi Madelaine Taffi v. United StatesCourt of Appeals for the Ninth Circuit · 1996
  3. In the Matter of Elray and Jean Rash, Debtor. Associates Commercial Corporation v. Elray Rash and Jean E. RashCourt of Appeals for the Fifth Circuit · 1996
  4. In Re 203 North LaSalle Street Ltd. PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1995
  5. In Re Donald Taffi Madelaine Taffi, Debtors. Donald Taffi Madelaine Taffi v. United StatesCourt of Appeals for the Ninth Circuit · 1995

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