Legal Opinion
In Re MacAluso
United States Bankruptcy Court, W.D. New York
Decided November 2, 2000No. 2-17-20101PublishedCited by 23 opinions
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
Camillo Macaluso, the debtor herein, has proposed a Chapter 13 plan which contemplates a strip-down of the mortgage that encumbers a multi-use parcel of real property. This parcel contains a tailor shop and two residential apartments, one of which is occupied by the debtor. The mortgage secures a debt owed to Wallingford Financial Group, Inc., for an amount that exceeds $128,000. Asserting that the property has a value of only $75,000, Macaluso wishes to limit Wallingford’s secured claim to this amount, and to treat the balance of the claim as an unsecured…
2Cases cited3 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Brunson v. Wendover Funding, Inc. (In Re Brunson)United States Bankruptcy Court, W.D. New York · 1996
- In Re KimbellUnited States Bankruptcy Court, W.D. New York · 2000
3Cited by23 opinions
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
- In Re BulsonUnited States Bankruptcy Court, W.D. Michigan · 2005
- Wages v. J.P. Morgan Chase Bank, N.A. (In Re Wages)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Litton Loan Servicing, LP v. BeamonDistrict Court, N.D. New York · 2003
- In Re MooreUnited States Bankruptcy Court, N.D. New York · 2010
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