Legal Opinion

McCarron v. Firstplus Financial (In Re McCarron)

United States Bankruptcy Court, W.D. Missouri

Decided January 5, 2000No. 18-42967PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JERRY W. VENTERS, Bankruptcy Judge.

In this Chapter 13 case, the Debtor, Roxanne Jewel McCarron (“Debtor”), seeks to void and thereby treat as unsecured in her Chapter 13 Plan the second mortgage hen on her home which is held by FirstPlus Financial, Inc. (“FirstPlus”). This presents, for the first time in this Court since the United States Supreme Court’s holding in Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) (hereinafter “Nobelman ”), the issue of whether a debt- or can modify the rights of a junior mortgage holder under…

2Cases cited24 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  3. In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
  4. Matter of PlouffeUnited States Bankruptcy Court, D. Connecticut · 1993
  5. In Re NeverlaUnited States Bankruptcy Court, W.D. New York · 1996

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

3Cited by15 opinions

  1. In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
  2. Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
  3. Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
  4. In Re FitzmauriceUnited States Bankruptcy Court, W.D. Missouri · 2000
  5. In Re BernardesUnited States Bankruptcy Court, D. New Jersey · 2001

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

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