Legal Opinion
Gladstone v. Bank of America, N.A. (In re Vassau)
United States Bankruptcy Court, S.D. California
Decided September 25, 2013No. Bankruptcy No. 09-09536-PB7; Adversary No. 11-90280-PBPublishedCited by 2 opinions
1Opinion of the Court
*866ORDER ON TRUSTEE’S MOTION FOR SUMMARY JUDGMENT
PETER W. BOWIE, Bankruptcy Judge.
The facts of this case are neither uncommon nor disputed. When this case was filed, and during the ninety days before, Debtors’ residence was subject to two deeds of trust securing obligations to two creditors-the Senior Lienholder and Junior Lienholder. The property was worth more than the claim of the Senior Lien-holder, but less than the claims of Senior Lienholder and Junior Lienholder combined. In other words, the Senior Lien-holder was fully secured and the Junior Lienholder was partially secured.
Debtors fell…
2Cases cited15 opinions
- Dewsnup v. TimmSupreme Court of the United States · 1992
- In Re Lamar Dewsnup and Aletha Dewsnup, Debtors. Lamar Dewsnup, Aletha Dewsnup v. Louis L. TimmCourt of Appeals for the Tenth Circuit · 1990
- Bankr. L. Rep. P 71,497 in the Matter of John B. Prescott and Janet L. Prescott, Debtors. Appeals of Marine Bank Dane County, Gateway Foods, Inc. & Jerry J. Armstrong, TrusteeCourt of Appeals for the Seventh Circuit · 1986
- Cullen Center Bank & Trust v. Hensley (In Re Criswell)Court of Appeals for the Fifth Circuit · 1997
- Mary K. Aulick, and Cross-Appellee v. Flournoy L. Largent, Jr., Trustee for Ansel B. Solenberger, Bankrupt, and Cross-Appellant v. Eldridge M. LemleyCourt of Appeals for the Fourth Circuit · 1961
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3Cited by2 opinions
- Garcia v. Garcia (In re Garcia)United States Bankruptcy Court, E.D. New York · 2014
- Wells Fargo Bank, N.A. v. 1401 Condominium AssociationDelaware Court of Common Pleas · 2015