Legal Opinion
Selene Finance LP v. Brown (In re Brown)
District Court, D. Massachusetts
Decided February 3, 2017No. CIVIL ACTION NO. 16-11443-RGSPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON APPEAL FROM THE BANKRUPTCY COURT’S CONFIRMATION OF DEBTOR’S CHAPTER 13 PLAN
Richard G. Stearns, UNITED STATES DISTRICT JUDGE
This bankruptcy appeal asks whether a Bankruptcy Court in confirming a Chapter 13 plan can force a secured creditor to take title to collateral that it doesn’t want. The answer is no. Appellant Selene Finance LP challenges the confirmation of a plan for debtor-appellee Willie D. Brown that required Selene to take title to a property owned by Brown on which it held an unforeclosed mortgage. This practice, known as “forced vesting,” has had a mixed…
2Cases cited17 opinions
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Stellwagen v. ClumSupreme Court of the United States · 1918
- Carcieri v. SalazarSupreme Court of the United States · 2009
- Bankr. L. Rep. P 74,609 in Re Public Service Company of New Hampshire, Debtor. Martin Rochman v. Northeast Utilities Service GroupCourt of Appeals for the First Circuit · 1992
- Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)Court of Appeals for the First Circuit · 1999
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bank of New York Mellon v. Nicholas Lee WattCourt of Appeals for the Ninth Circuit · 2017
- In re KeokukUnited States Bankruptcy Court, E.D. Kentucky · 2019
- Evolve Fed. Credit Union v. Barragan-Flores (In re Barragan-Flores)District Court, W.D. Texas · 2018
- Bailey v. Citibank, N.A.California Court of Appeal · 2021
- Victor AchinivuUnited States Bankruptcy Court, D. New Jersey · 2020