Legal Opinion
Smith v. Reeves (In Re Reeves)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided March 14, 1994No. BAP No. EW-93-1646-ROJ. Bankruptcy No. 92-02744-K13PublishedCited by 4 opinions
1Opinion of the Court
OPINION
RUSSELL, Bankruptcy Judge:
This appeal arises from an order confirming the debtor’s Chapter 13 1 plan which modified the rights of a lender whose note was secured by a deed of trust on the debt- or’s principal residence. We REVERSE and REMAND.
I.FACTS
In May 1984, the debtor, Colleen Reeves, (“Reeves”), granted a first deed of trust on her residence to appellants, John Smith and CLS Mortgage (“lenders”). The deed of trust was executed to secure a $40,000 promissory note signed December 22, 1983. The money was not used to purchase the home, but was used for other purposes.
Under the terms…
2Cases cited7 opinions
- Patterson v. ShumateSupreme Court of the United States · 1992
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
- Union Bank v. WolasSupreme Court of the United States · 1991
- In Re Charlene Wise HARLAN, Debtor. WESTERN EQUITIES, INC., Plaintiff-Appellant, v. Charlene Wise HARLAN, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1986
- In Re James E. Mitchell and Diane C. Mitchell, Debtors. James E. Mitchell Diane C. Mitchell v. United StatesCourt of Appeals for the Ninth Circuit · 1992
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3Cited by4 opinions
- Gelletich v. Household Realty Corp. (In Re Gelletich)United States Bankruptcy Court, E.D. Pennsylvania · 1994
- Miller v. Internal Revenue Service (In Re Miller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Antiquities of Nevada, Inc. v. Bala Cynwyd Corp. (In Re Antiquities of Nevada, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Miller v. Internal Revenue Service (In Re Miller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994