Legal Opinion
JPMorgan Chase Bank v. McKinney (In re McKinney)
United States Bankruptcy Court, D. Maine
Decided June 14, 2006No. 05-21651PublishedCited by 4 opinions
1Opinion of the Court
Memorandum of Decision
JAMES B. HAINES, JR., Bankruptcy Judge.
JPMorgan Chase Bank’s motion for relief from stay is before me on a stipulated record. The only issue presented is whether cause for relief from stay exists because the debtors’ residence, mortgaged to the bank, was “sold” at foreclosure before bankruptcy, rendering cure and reinstatement within Chapter 13 via § 1322(b) and (c)(1) impossible.1
Facts
Earl and Gwendy McKinney borrowed money from Domestic Loan and Investment Bank in 1995. The McKinneys’ repayment obligation was secured by a mortgage on their Bowdoinham, Maine, residence.…
2Cases cited21 opinions
- Securities & Exchange Commission v. Variable Annuity Life InsuranceSupreme Court of the United States · 1959
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- In re ClarkCourt of Appeals for the Seventh Circuit · 1984
- Norma I. Colon, Debtor-Appellant v. Option One Mortgage Corporation, And/or Its AssignsCourt of Appeals for the Seventh Circuit · 2003
- In Re Gerald David Glenn and Janice Sue Glenn, Debtors, the Federal Land Bank of Louisville, Creditor-Appellant v. Gerald David Glenn and Janice Sue Glenn, (82-3821) Debtors-Appellees. In Re Edward J. Pigloski and Mary L. Pigloski, Debtors, Edward J. Pigloski and Mary L. Pigloski v. Maxine Wynn and Manor Mortgage Company, (83-1316) in Re Ralph Miller, Debtor, First Federal of Michigan v. Ralph Henry Miller, (83-1585)Court of Appeals for the First Circuit · 1985
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3Cited by4 opinions
- TD Bank, N.A. v. LaPointeBankruptcy Appellate Panel of the First Circuit · 2014
- In re AusburnUnited States Bankruptcy Court, E.D. Arkansas · 2015
- In RE McKINNEY 1United States Bankruptcy Court, D. Maine · 2006
- In re VertulloUnited States Bankruptcy Court, D. New Hampshire · 2018