Legal Opinion

In Re Lake

United States Bankruptcy Court, N.D. Ohio

Decided February 18, 2000No. 19-40322PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge.

Creditor Lehman Capital (“Lehman”) holds a note from the Debtor and a mortgage on the Debtor’s residence. Lehman filed a Second Amended Proof of Claim in this Chapter 13 case for pre-petition ar-rearages on the note, including attorney fees (the “Claim”). (Claims Docket No. 12). The only matter in dispute between the parties is whether those fees, provided for in the note and mortgage, are recoverable as part of the amount needed to cure the default. The Debtor objects to the Claim on the ground that the fees are barred by 11…

2Cases cited10 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Rake v. WadeSupreme Court of the United States · 1993
  4. Nottingdale Homeowners' Ass'n v. DarbyOhio Supreme Court · 1987
  5. Meridian Mutual Insurance Company v. Roslyn E. Kellman, Skender Bajrami, Individually and Doing Business as Kopliku Painting CompanyCourt of Appeals for the Sixth Circuit · 1999

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

3Cited by17 opinions

  1. In Re ParrishUnited States Bankruptcy Court, N.D. Ohio · 2005
  2. In Re TudorUnited States Bankruptcy Court, S.D. Ohio · 2005
  3. In Re PlantUnited States Bankruptcy Court, D. Massachusetts · 2003
  4. In Re LandrumUnited States Bankruptcy Court, S.D. Ohio · 2001
  5. In Re ThompsonUnited States Bankruptcy Court, S.D. Ohio · 2007

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

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