Legal Opinion

In Re Chang

United States Bankruptcy Court, N.D. Illinois

Decided August 3, 1995No. 19-04947PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION ON PETERSON BANK’S MOTION TO MODIFY STAY

JACK B. SCHMETTERER, Bankruptcy Judge.

This Memorandum Opinion follows a hearing held on Motion of Peterson Bank to modify the automatic stay under Section 362 of the Bankruptcy Code, 11 U.S.C. § 362. The Motion seeks leave to proceed with sale of Debtors’ residence pursuant to a pre-peti tion Judgment for Foreclosure entered in an Illinois state court. The grounds asserted are two: (1) that Debtors have no equity in the property and do not need it for effective reorganization; and (2) that 11 U.S.C. § 1322(b)(2) prevents Debtors from…

2Cases cited4 opinions

  1. First National Fidelity Corp. v. Ruth Perry, Robert M. Wood, TrusteeCourt of Appeals for the First Circuit · 1991
  2. In Re SeidelCourt of Appeals for the Ninth Circuit · 1985
  3. In Re ThreatsUnited States Bankruptcy Court, N.D. Illinois · 1993
  4. In Re DavisUnited States Bankruptcy Court, N.D. Illinois · 1988

3Cited by15 opinions

  1. In Re Clarence Gordon Witt Carolyn Sue Witt, Debtors. Clarence Gordon Witt Carolyn Sue Witt v. United Companies Lending CorporationCourt of Appeals for the Fourth Circuit · 1997
  2. In Re NepilUnited States Bankruptcy Court, D. New Jersey · 1997
  3. In Re JonesUnited States Bankruptcy Court, D. Oregon · 1995
  4. In Re IbarraUnited States Bankruptcy Court, D. Puerto Rico · 1999
  5. In Re ReevesUnited States Bankruptcy Court, C.D. Illinois · 1998

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