Legal Opinion
In re Cahill
United States Bankruptcy Court, D. New Hampshire
Decided December 19, 2013No. 12-11666-BAHPublishedCited by 4 opinions
1Opinion of the Court
*537Memorandum, Opinion1
BRUCE A. HARWOOD, Chief Judge.
I. PREFACE
Before the Court is William and Wendy Cahill’s (the “Debtors”) motion under 11 U.S.C. § 506(a)2 to determine the secured status of Old Republic National Title Insurance Company’s (“Old Republic”) second mortgage on their principal residence (the “Motion”). The Debtors assert Old Republic’s mortgage is “out of the money” and that its claim is modifiable via their proposed chapter 11 plan. Old Republic admits that its second mortgage claim may have been wholly unsecured when the Debtors filed their bankruptcy petition, but now asserts…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In The Matter Of T-H New Orleans Limited Partnership, DebtorCourt of Appeals for the Fifth Circuit · 1997
- In Re AbdelgadirUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Benafel v. One West Bank, FSB (In Re Benafel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
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3Cited by4 opinions
- O & S Trucking, Inc. v. Mercedes Benz Financial Services USA (In re O & S Trucking, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
- Cesar Ivan Vargas Quinones v. United States of America, Internal Revenue Service; Commonwealth of Puerto Rico, Department of Treasury of Puerto Rico; State Insurance Fund CorporationUnited States Bankruptcy Court, D. Puerto Rico · 2018
- O&S Trucking, Inc. v. Mercedes Benz Financial Serv.United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
- S-Tek 1, LLCUnited States Bankruptcy Court, D. New Mexico · 2021