Legal Opinion

Bellamy v. Federal Home Loan Mortgage Corp. (In Re Bellamy)

United States Bankruptcy Court, D. Connecticut

Decided January 10, 1991No. 19-20330PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM AND DECISION ON COMPLAINT TO BIFURCATE AND VOID LIEN UNDER CODE § 506(a), (d) IN CHAPTER 13 CASE

ALAN H.W. SHIFF, Bankruptcy Judge.

The plaintiffs seek to bifurcate the claim and void the lien of Federal Home Loan Mortgage Corp. (“the defendant”) 1 under Code § 506(a) and (d), 2 to the extent that the allowed amount of that claim exceeds the value of their residence. The plaintiffs further seek a determination that the value of their residence is its fair market value reduced by the amount of so-called disposal costs. 3

BACKGROUND

On May 24, 1987, the plaintiffs purchased real property…

2Cases cited33 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
  5. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982

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

3Cited by17 opinions

  1. In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
  2. In Re BellamyCourt of Appeals for the Second Circuit · 1992
  3. Adebanjo v. Dime Savings Bank of New York, FSB (In Re Adebanjo)United States Bankruptcy Court, D. Connecticut · 1994
  4. Piedmont Trust Bank v. Linkous (In Re Linkous)District Court, W.D. Virginia · 1992
  5. Wright v. C & S Family Credit, Inc. (In Re Wright)United States Bankruptcy Court, N.D. Georgia · 1991

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

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