Legal Opinion
In Re Whitten
District Court, District of Columbia
Decided May 20, 1981No. Bankruptcy 81-00018PublishedCited by 28 opinions
1Opinion of the Court
MEMORANDUM OPINION
(Order Directed to Debtor’s Attorney Pursuant to Bankruptcy Rule 220 and U.S.C. § 329)
ROGER M. WHELAN, Bankruptcy Judge.
The issue to be addressed in this Rule 220 hearing is whether Chapter 13 of the Bankruptcy Code may be utilized to stay a foreclosure sale, when the intent is to use the delay afforded by the automatic stay provision of 11 U.S.C. § 362 solely to seek refinancing of the debtor’s residence and with no intent to ever effectuate a Chapter 13 plan. The Court, after careful review of the legislative history and statutory provisions dealing with the contents of a…
2Cases cited1 opinion
- In Re ThackerUnited States Bankruptcy Court, W.D. Virginia · 1980
3Cited by28 opinions
- In Re KinneyUnited States Bankruptcy Court, C.D. California · 1985
- Gaudet v. Kirshenbaum Investment Co. (In Re Gaudet)District Court, D. Rhode Island · 1991
- In Re GreenbergUnited States Bankruptcy Court, S.D. New York · 1996
- In Re Harper-ElderDistrict Court, District of Columbia · 1995
- In Re HogueUnited States Bankruptcy Court, S.D. Ohio · 1987
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