Oregon, Department of Veterans' Affairs v. Braker (In Re Braker)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
OLLASON, Bankruptcy Judge:
The Department of Veterans’ Affairs (“DVA”) objected to a Chapter 13 plan that proposed to cure a defaulted mortgage after a foreclosure sale. The bankruptcy court confirmed the plan and the DVA appealed. We reverse.
FACTS
The DVA held a mortgage on debtors’ home and debtors defaulted. A decree of foreclosure was thereafter entered in Oregon state court on July 26, 1989, and a writ of execution followed. The property was sold pursuant to the writ on October 3, 1989. Because Oregon law does not permit lenders to recover a deficiency resulting from such a sale,…
2Cases cited9 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- Richard Justice v. Valley National BankCourt of Appeals for the Eighth Circuit · 1988
- In Re IvoryUnited States Bankruptcy Court, D. Oregon · 1983
- In Re Gull Air, Inc., Debtor. Federal Aviation Administration v. Gull Air, Inc.Court of Appeals for the First Circuit · 1989
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- In Re TownsvilleUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
- Oregon Ex Rel. Director of the Department of Veterans' Affairs v. Hurt (In Re Hurt)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- In re RichterUnited States Bankruptcy Court, C.D. California · 2015
- Gendreau v. Gendreau (In Re Gendreau)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- In re RugrodenUnited States Bankruptcy Court, N.D. California · 2012
12 more not listed; retrieve them via the Exa API.