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Legal Opinion

In Re Larios

United States Bankruptcy Court, N.D. Illinois

Decided March 22, 2001No. 19-05600PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

This matter comes before the Court on the motion to modify the automatic stay and on the objection of West Suburban Bank (the “Bank”) to confirmation of the Chapter 13 plan of John Larios and Helen Larios (the “Debtors”). For the following reasons, the Bank’s objection is overruled and the motion to modify the stay is continued to the confirmation hearing. At issue is whether the Bank’s claim can be bifurcated into secured and unsecured components and modified under 11 U.S.C. § 506(a) and 11 U.S.C. § 1322(b)(2).

I. JURISDICTION AND PROCEDURE

Th…

2Cases cited24 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
  4. Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
  5. Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000

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

3Cited by10 opinions

  1. Benafel v. One West Bank, FSB (In Re Benafel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. In Re HughesUnited States Bankruptcy Court, M.D. North Carolina · 2005
  3. In re CrumpUnited States Bankruptcy Court, D. South Carolina · 2015
  4. Jordan v. Greentree Consumer Discount Co. (In Re Jordan)United States Bankruptcy Court, W.D. Pennsylvania · 2009
  5. In Re SantiagoUnited States Bankruptcy Court, S.D. Florida. · 2009

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

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