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Legal Opinion

In Re Hughes

United States Bankruptcy Court, M.D. North Carolina

Decided October 28, 2005No. 04-83682PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

WILLIAM L. STOCKS, Bankruptcy Judge.

GMAC Mortgage Corp. (“GMAC”) objects to confirmation of the Chapter 13 plan proposed by Valinda Douglas Hughes (the “Debtor”) on the basis that the Debt- or is attempting to modify its secured claim in contravention of the anti-modification provision of 11 U.S.C. § 1322(b)(2). The Debtor asserts that she is entitled to modify the rights of GMAC because the claim of GMAC is not secured solely by a security interest in Debtor’s residence.

GMAC’s objection to confirmation of the Debtor’s plan came before the Court for hearing on September 7,…

2Cases cited12 opinions

  1. In Re HammondCourt of Appeals for the Third Circuit · 1994
  2. Rodriguez v. Mellon Bank, N.A. (In Re Rodriguez)United States Bankruptcy Court, E.D. Pennsylvania · 1998
  3. Dent v. Associates Equity Services Co. (In Re Dent)United States Bankruptcy Court, S.D. Georgia · 1991
  4. In Re PintoUnited States Bankruptcy Court, D. New Jersey · 1996
  5. In Re LibbyUnited States Bankruptcy Court, D. New Jersey · 1996

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Birmingham v. PNC Bank, N.A. (In Re Birmingham)Court of Appeals for the Fourth Circuit · 2017
  2. In Re JohnsonUnited States Bankruptcy Court, M.D. North Carolina · 2006
  3. In Re BradsherUnited States Bankruptcy Court, M.D. North Carolina · 2010
  4. In re InglisUnited States Bankruptcy Court, S.D. Indiana · 2012
  5. In re ProctorUnited States Bankruptcy Court, E.D. North Carolina · 2013

3 more not listed; retrieve them via the Exa API.

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