Legal Opinion
Lewandowski v. U.S. Department of Housing & Urban Development (In Re Lewandowski)
United States Bankruptcy Court, W.D. Pennsylvania
Decided April 3, 1998No. 19-20935PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
JUDITH K. FITZGERALD, Bankruptcy Judge.
I. Introduction
The matter before the court is the motion of the United States Department of Housing and Urban Development (HUD) 2 for summary judgment pursuant to Debtors’ Complaint to Determine Secured Status and to Avoid Mortgage. In their complaint Debtors seek a determination that HUD’s second mortgage claim is wholly unsecured and is avoidable in its entirety under 11 U.S.C. § 506. 3 In their Response to Motion for Summary Judgment, Debtors also argue that the anti-modification clause of 11 U.S.C. § 1322(b)(2) 4 is inapplicable…
2Cases cited23 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Barnhill v. JohnsonSupreme Court of the United States · 1992
- Buchanan v. Brentwood Federal Savings & Loan Assoc.Supreme Court of Pennsylvania · 1974
- Commerce Bank Harris Savings Association v. Mountain View Village, Inc. Property Management, Inc., Mountain View Village, Inc.Court of Appeals for the Third Circuit · 1993
18 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- Johnson v. Asset Management Group, LLCDistrict Court, D. Maryland · 1998
- McCarron v. Firstplus Financial (In Re McCarron)United States Bankruptcy Court, W.D. Missouri · 2000
13 more not listed; retrieve them via the Exa API.