Legal Opinion
In Re Schweizer
United States Bankruptcy Court, D. Idaho
Decided March 2, 2006No. 19-40178PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
JIM D. PAPPAS, Bankruptcy Judge.
Chapter 13 Debtors Edward Schweizer and Cynthia Bennett, husband and wife, seek confirmation of their proposed Chapter 13 plan. Creditor Black Hawke Construction Lending, LLC, objects to confirmation of the plan and asks the Court for stay relief to foreclose its mortgage on Debtors’ house because the plan does not treat its claim as secured. Debtors contend they effectively rescinded the loan made to them by Creditor pursuant to the Truth in Lending Act, rendering any debt they owe Creditor unsecured. Creditor disagrees.
The Court…
2Cases cited9 opinions
- Koons Buick Pontiac GMC, Inc. v. NighSupreme Court of the United States · 2004
- Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Spencer v. Pugh (In Re Pugh)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- Mid-America National Bank Of Chicago v. First Savings And Loan Association Of South HollandCourt of Appeals for the First Circuit · 1984
- Lenders v. Smith (In re Smith)Court of Appeals for the Ninth Circuit · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kilborn v. Haun (In Re Haun)United States Bankruptcy Court, D. Idaho · 2008
- Beach v. Bank of America (In Re Beach)United States Bankruptcy Court, D. Idaho · 2011
- Rainsdon v. Garcia (In re Garcia)United States Bankruptcy Court, D. Idaho · 2011
- Weingartner v. Chase Home Finance, LLCDistrict Court, D. Nevada · 2010
- Scott v. Countrywide Home Loans, Inc. (In Re Scott)United States Bankruptcy Court, D. Idaho · 2007
7 more not listed; retrieve them via the Exa API.