Legal Opinion
In Re Small
United States Bankruptcy Court, E.D. Pennsylvania
Decided October 17, 1986No. 19-10654PublishedCited by 35 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
This case presents to us the important and pervasive issue of whether a mortgagee may make a claim for interest on arrear-ages on a residential mortgage from a Chapter 13 debtor, even when the mortgage fails to provide for same. We believe that no provision of the Bankruptcy Code provides the answer and resort to Pennsylvania state law regarding residential mortgages is necessary. We conclude that the pertinent Pennsylvania law decisively directs that such interest cannot be collected, and therefore the Objection of the Debtor here to that portion of…
2Cases cited12 opinions
- 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
- Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
- Ronald E. Grubbs v. Houston First American Savings AssociationCourt of Appeals for the First Circuit · 1984
- Haas v. Pittsburgh National BankCourt of Appeals for the Third Circuit · 1975
- In Re Dorothy C. Hardy, Debtor. Dorothy C. Hardy v. Cinco Federal Credit UnionCourt of Appeals for the Sixth Circuit · 1985
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In Re FriesUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re CromptonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Johnson-Allen v. Lomas & Nettleton Co. (In Re Johnson-Allen)United States Bankruptcy Court, E.D. Pennsylvania · 1986
- Sapos v. Provident Institution Of SavingsCourt of Appeals for the Third Circuit · 1992
30 more not listed; retrieve them via the Exa API.