Legal Opinion
In re Renz
United States Bankruptcy Court, E.D. New York
Decided August 1, 2012No. 11-73471-astPublishedCited by 9 opinions
1Opinion of the Court
DECISION AND ORDER DENYING CONFIRMATION OF DEBTORS’ CHAPTER 13 PLAN
ALAN S. TRUST, Bankruptcy Judge.
Issue Pending and Summary of Ruling
This case tests the outer limits of how debtors may seek to utilize the Bankruptcy Code and Rules to obtain the maximum advantages of the process known as “Chapter 20”1; that is, whether debtors can obtain a Chapter 7 discharge and thus be absolved of personal liability on their home mortgage debts, then file a Chapter 13 case before they are eligible for another discharge and strip off2 an underwater junior mortgage3 on their home, and do all of this without…
2Cases cited18 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
- Ali v. MukaseyCourt of Appeals for the Second Circuit · 2008
- In Re Mary E. Johnson, Debtor. Mary E. Johnson v. Vanguard Holding CorporationCourt of Appeals for the Second Circuit · 1983
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3Cited by9 opinions
- Moise v. Ocwen Loan Servicing LLC (In re Moise)United States Bankruptcy Court, E.D. New York · 2017
- In re BelmonteUnited States Bankruptcy Court, E.D. New York · 2015
- Gwendolyn Wash. v. Real Time Resolution, Inc. (In Re Washington)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2019
- In re WapshareUnited States Bankruptcy Court, S.D. New York · 2013
- In re WashingtonUnited States Bankruptcy Court, C.D. California · 2018
4 more not listed; retrieve them via the Exa API.