Legal Opinion

In re Flucker

United States Bankruptcy Court, D. South Carolina

Decided October 26, 2011No. CA 11-03801-HBPublishedCited by 1 opinion

1Opinion of the Court

ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN

HELEN E. BURRIS, Bankruptcy Judge.

THIS MATTER comes before the Court for confirmation of Debtors’ Chapter 13 plan, and Federal National Mortgage Association’s (“Fannie Mae”) Objection thereto. Debtors seek to cure through their Chapter 13 plan arrearages on a note secured by a mortgage attaching to their principal residence. However, they do not hold title to the property securing the debt and are not obligated on the note and mortgage. For the reasons set forth below, the Court sustains Fannie Mae’s objection and denies confirmation.

The Court has…

2Cases cited4 opinions

  1. In Re AllstonUnited States Bankruptcy Court, E.D. New York · 1997
  2. South Carolina Federal Savings Bank v. San-A-Bel Corp.Court of Appeals of South Carolina · 1992
  3. In Re TrappUnited States Bankruptcy Court, D. South Carolina · 2001
  4. In Re JohnsonUnited States Bankruptcy Court, D. South Carolina · 2010

3Cited by1 opinion

  1. Sean HigginsUnited States Bankruptcy Court, E.D. Wisconsin · 2023

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