Legal Opinion
Cupp v. Associates Consumer Discount Co. (In Re Cupp)
United States Bankruptcy Court, E.D. Pennsylvania
Decided February 5, 1999No. 19-11776PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION 1
JUDITH K. FITZGERALD, Bankruptcy Judge.
The matter before the court is a motion to dismiss Debtors’ Amended Complaint to Determine Secured Status Pursuant to 11 U.S.C. § 506 filed on behalf of the first and second mortgage holder, Associates Consumer Discount Company. Because we must examine documents (the note, mortgage, and insurance policy) submitted by the parties in conjunction with this motion, we treat it as a motion for summary judgment.
Debtors own real property that is their primary residence. Based on an appraisal performed in 1997 Debtors believe the fair market…
2Cases cited9 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Newport Associates Development Company Newport Marine Holding, Inc. v. The Travelers Indemnity Company of Illinois Frenkel & Co., Inc. Frenkel & Co., Inc., Defendant/third-Party v. Industrial Risk Specialists, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1998
- Wright v. C & S Family Credit, Inc. (In Re Wright)United States Bankruptcy Court, N.D. Georgia · 1991
- Rehkop v. Berwick Healthcare CorporationCourt of Appeals for the Third Circuit · 1996
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- Reed v. Norwest Mortgage, Inc. (In Re Reed)United States Bankruptcy Court, E.D. Pennsylvania · 2000
- In Re MottoUnited States Bankruptcy Court, N.D. New York · 2001
- In Re CallanderUnited States Bankruptcy Court, S.D. Ohio · 2001
4 more not listed; retrieve them via the Exa API.