In re Tekavec
United States Bankruptcy Court, E.D. Wisconsin
1Opinion of the Court
MEMORANDUM DECISION ON NORTH SHORE BANK’S OBJECTION TO CONFIRMATION
SUSAN V. KELLEY, Bankruptcy Judge.
The issue in this case is whether John Tekavec (the “Debtor”) can use the Bankruptcy Code exception for short-term mortgages to cram down the second mortgage claim on his personal residence.1 The facts are simple and undisputed.
On March 15, 2006, the Debtor and North Shore Bank (the “Bank”) entered into a Home Equity Line of Credit Consumer Open-End Agreement (the “Agreement”), under which the Bank agreed to advance up to $119,500. The term of the *556Agreement was from March 15, 2006 through the…
2Cases cited7 opinions
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- In Re Clarence Gordon Witt Carolyn Sue Witt, Debtors. Clarence Gordon Witt Carolyn Sue Witt v. United Companies Lending CorporationCourt of Appeals for the Fourth Circuit · 1997
- In Re BagneUnited States Bankruptcy Court, E.D. California · 1998
- In Re RoweUnited States Bankruptcy Court, D. New Jersey · 1999
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3Cited by4 opinions
- Larry Hurlburt v. Juliet BlackCourt of Appeals for the Fourth Circuit · 2019
- In re HubbellUnited States Bankruptcy Court, E.D. North Carolina · 2013
- Dawn L SchroederUnited States Bankruptcy Court, E.D. Wisconsin · 2019
- Wanda Collier-AbbottUnited States Bankruptcy Court, E.D. California · 2020