Legal Opinion
Matter of Skelly
District Court, D. Delaware
Decided April 3, 1984No. Civ. A. 83-435 MMSPublishedCited by 30 opinions
1Opinion of the Court
OPINION
MURRAY M. SCHWARTZ, District Judge.
This Bankruptcy appeal presents the issue of whether, after entry of default judgment by a Delaware state court on a writ of scire facias (or “sci fa”) sur mortgage, a court may confirm a Chapter 13 plan which envisions paying the mortgagee less than the amount of his judgment.
The pertinent facts are simple and undisputed. Debtors for some time in 1982 failed to make payments on a 30-year mortgage covering their private residence. On August 10, 1982, Ninth Ward Savings and Loan Association (“Ninth Ward” or “mortgagee”) accelerated the mortgage. On…
2Cases cited46 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- Monroe Park v. Metropolitan Life InsuranceSupreme Court of Delaware · 1983
- In Re IvoryUnited States Bankruptcy Court, D. Oregon · 1983
- Matter of LaPagliaUnited States Bankruptcy Court, E.D. New York · 1981
41 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- Soliman v. Spencer (In Re Spencer)District Court, D. Delaware · 1990
- First City Beaumont v. Durkay (In Re Ford)Court of Appeals for the Fifth Circuit · 1992
- In Re SchnuppUnited States Bankruptcy Court, N.D. Illinois · 1986
- Chicago City Bank & Trust Co. v. Jaffe (In Re Jaffe)United States Bankruptcy Court, N.D. Illinois · 1990
25 more not listed; retrieve them via the Exa API.