Legal Opinion
In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, Trustee
Court of Appeals for the Fifth Circuit
Decided March 1, 1982No. 81-2191PublishedCited by 126 opinions
1Opinion of the Court
RANDALL, Circuit Judge:
This case presents a bankruptcy court’s refusal to confirm a “wage earner plan,” under Chapter 13 of the Bankruptcy Code, which called for the making of the current regular payments on the debtors’ homestead mortgage (current mortgage payments) “outside the plan” while the arrear-age on the mortgage claim was to be cured pursuant to the provisions of § 1322(b)(5) of the Bankruptcy Code. The bankruptcy court denied confirmation on the basis of its belief that Chapter 13 policy requires that all payments be made within the plan. For the reasons set forth below, we vacate…
2Cases cited16 opinions
- Cleveland Trust Co. v. Keckler (In Re Keckler)United States Bankruptcy Court, N.D. Ohio · 1980
- In Re DziedzicUnited States Bankruptcy Court, S.D. Texas · 1981
- In Re CaseUnited States Bankruptcy Court, D. Utah · 1981
- In Re HinesUnited States Bankruptcy Court, D. South Dakota · 1980
- In Re BlevinsUnited States Bankruptcy Court, S.D. Ohio · 1979
11 more not listed; retrieve them via the Exa API.
3Cited by126 opinions
- In Re Holly Flor and Rudolph Mangels, Debtors. Holly Flor and Rudolph Mangels, Debtors-Appellants v. Bot Financial Corp., Creditor-AppelleeCourt of Appeals for the Second Circuit · 1996
- In Re FriesUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re DeSardiUnited States Bankruptcy Court, S.D. Texas · 2006
- Nicholas and Virginia Maiorino v. Branford Savings BankCourt of Appeals for the Second Circuit · 1982
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
121 more not listed; retrieve them via the Exa API.