In Re Prevo
United States Bankruptcy Court, S.D. Texas
1Opinion of the Court
MEMORANDUM OPINION ON RETAX FUNDING, LJP.’S SECOND AMENDED OBJECTION TO CONFIRMATION OF CHAPTER 13 PLAN
JEFF BOHM, Bankruptcy Judge.
I. Introduction
The parties to this dispute are: Shen-ette Y. Prevo (the Debtor) and RETax Funding, L.P. (RETax), a third-party lender who paid the Debtor’s real estate taxes and then took a promissory note from the Debtor as consideration for the payment of these obligations.
Typically, a debtor is allowed to modify the interest rate on secured claims. 11 U.S.C. § 1322(b)(2). 1 There is an exception for claims secured by only a security interest in a debtor’s…
2Cases cited10 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Dewsnup v. TimmSupreme Court of the United States · 1992
- 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
- Shropshire, Woodliff & Co. v. BushSupreme Court of the United States · 1907
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3Cited by5 opinions
- In Re McLemoreUnited States Bankruptcy Court, S.D. Ohio · 2010
- In Re Kizzee-JordanCourt of Appeals for the Fifth Circuit · 2010
- In Re CortnerUnited States Bankruptcy Court, S.D. Ohio · 2009
- In Re Princeton Office Park, L.P.United States Bankruptcy Court, D. New Jersey · 2010
- Tax Ease Funding, L.P. v. ThompsonCourt of Appeals for the Fifth Circuit · 2010