Legal Opinion

York v. Bank of America, N.A. (In Re York)

United States Bankruptcy Court, E.D. Tennessee

Decided April 3, 2003No. Bankruptcy No. 02-17460. Adversary No. 02-1187PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION ON DEFENDANT’S MOTION TO DISMISS

R. THOMAS STINNETT, Bankruptcy Judge.

The debtors, Donald Ray York and wife, Diane Carol York, who are residents of the State of Georgia, filed a petition under Chapter 13 of the Bankruptcy Code, on November 15, 2002. Within a few days they commenced this adversary proceeding. The defendant, Bank of America, foreclosed on the debtors’ home before the debtors filed their Chapter 13 case. The gist of the debtors’ complaint is that the bank, through its lawyers, agreed to accept a cure payment, but upon tender rejected it and demanded a higher…

2Cases cited45 opinions

  1. Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
  2. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
  3. Browning v. LevyCourt of Appeals for the Sixth Circuit · 2002
  4. In Re: Bernard L. Zaptocky and Gloria J. Zaptocky, Debtors. David O. Simon, Chapter 7 Trustee v. Chase Manhattan BankCourt of Appeals for the Sixth Circuit · 2001
  5. Sill v. Sweeney (In Re Sweeney)Bankruptcy Appellate Panel of the Sixth Circuit · 2002

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3Cited by16 opinions

  1. In Re Nat. Century Fin. Enterpr., Inc., Inv. Lit.District Court, S.D. Ohio · 2004
  2. Bavelis v. Doukas (In Re Bavelis)United States Bankruptcy Court, S.D. Ohio · 2011
  3. Dawson v. Thomas (In Re Dawson)District Court, District of Columbia · 2008
  4. Brown v. Shepherd (In Re Lorax Corp.)United States Bankruptcy Court, N.D. Texas · 2003
  5. McConnell v. K-2 Mortgage (In Re McConnell)United States Bankruptcy Court, W.D. Pennsylvania · 2008

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