Legal Opinion

Select Portfolio Servicing, Inc. v. Love (In re Love)

United States Bankruptcy Court, W.D. Tennessee

Decided October 31, 2006No. 06-23746-KPublished

1Opinion of the Court

MEMORANDUM AND ORDER RE MOVANT’S “POST-SALE MOTION FOR RELIEF FROM STAY” COMBINED WITH RELATED ORDERS AND NOTICE OF THE ENTRY THEREOF

The instant proceeding before the court arises out of a contested matter styled “Post-Sale Motion for Relief from Stay” filed by the movant, Select Portfolio Servicing, Inc. (“SPS”), a creditor of the above-named chapter 13 debtor, Jerry Lee Love (“Mr.Love”). By virtue of 28 U.S.C. § 157(b)(2)(G), (A) and (0), this is a core proceeding.

The threshold issue before the court is whether Mr. Love’s home (ie., his principal residence) was property of the estate under…

2Cases cited20 opinions

Butner v. United StatesSupreme Court of the United States · 1979
United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
In Re Howard's Appliance Corp., Debtor. Sanyo Electric, Inc. v. Howard's Appliance Corp.Court of Appeals for the Second Circuit · 1989
Blair v. BrownsonTennessee Supreme Court · 2006

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