Legal Opinion
DiMauro v. Wilmington Trust Co. (In re DiMauro)
United States Bankruptcy Court, D. Delaware
Decided April 14, 2016No. Case No. 11-10378(BLS); Adv. No. 15-51346(BLS)Published
1Opinion of the Court
OPINION
Brendan Linehan Shannon, Chief United States Bankruptcy Judge
This case presents a question of first impression in this Court: What is the proper date for valuing residential property for the purpose of determining whether a junior mortgage is completely unsecured (and thus subject to strip-off) under § 1322(b)(2) of the Bankruptcy Code? For the reasons stated below, the Court concludes that the operative date for that determination is the Petition Date.
BACKGROUND
Edward and Judy DiMauro (the “Debtors”) filed their Chapter 13 petition on February 7, 2011. At the time of the filing, the…
2Cases cited6 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Aubain v. LaSalle National Bank (In Re Aubain)United States Bankruptcy Court, E.D. New York · 2003
- Wood v. La Bank (In Re Wood)United States Bankruptcy Court, M.D. Pennsylvania · 1996
- TD Bank, N.A. v. LandryDistrict Court, D. Massachusetts · 2012
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