Legal Opinion

In re Shen

United States Bankruptcy Court, S.D. New York

Decided November 15, 2013No. Case No. 12-37161 (CGM)PublishedCited by 7 opinions

1Opinion of the Court

Chapter 13

MEMORANDUM DECISION DENYING MOTION TO VACATE

CECELIA G. MORRIS, CHIEF U.S. BANKRUPTCY JUDGE

Shortly after filing for chapter 13 protection, the debtor in this case moved to *218avoid the wholly unsecured junior mortgage lien on his homestead and objected to the proof of claim filed by the junior mortgage holder. The motion and claim objection were properly served on the mortgage holder and its attorneys. No opposition was filed, and the motion and claim objection were subsequently granted. Now, several months after the orders on those motions were entered, the junior mortgage holder…

2Cases cited12 opinions

  1. Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
  2. International Controls Corp. v. Robert L. Vesco, and Vesco & Co., Inc.Court of Appeals for the Second Circuit · 1977
  3. Kevin Fleming v. New York UniversityCourt of Appeals for the Second Circuit · 1989
  4. Arnold Schildhaus v. Kenneth W. Moe, as District Director of Internal RevenueCourt of Appeals for the Second Circuit · 1964
  5. In Re: F. Elliot Siemon, F. Elliot Siemon, Debtor-Appellant v. Emigrant Savings Bank, Creditor-AppelleeCourt of Appeals for the Second Circuit · 2005

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3Cited by7 opinions

  1. Raj v. Barnard (In re Joe's Friendly Service & Son, Inc.)District Court, E.D. New York · 2015
  2. Peiris v. Ocwen Loan Servicing, LLC (In re Peiris)United States Bankruptcy Court, E.D. New York · 2015
  3. 45 John Lofts LLC v. MERIDIAN CAPITAL GROUP LLCUnited States Bankruptcy Court, S.D. New York · 2023
  4. Brown v. Great LakesUnited States Bankruptcy Court, E.D. New York · 2022
  5. Doresca v. Onewest Bank, FSBUnited States Bankruptcy Court, E.D. New York · 2024

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