Legal Opinion

In Re Lippolis

United States Bankruptcy Court, E.D. Pennsylvania

Decided December 12, 1997No. 19-11330PublishedCited by 3 opinions

1Opinion of the Court

OPINION

DAVID A. SCHOLL, Chief Judge.

A INTRODUCTION

The instant contested matter presents the issue of whether non-mortgagor debtors who are deeded real estate shortly before filing bankruptcy may reasonably attain confirmation of a Chapter 13 plan wherein they propose to step into the shoes of the mortgagor and cure the mortgage arrears. We believe that they can, in light of pertinent Pennsylvania law protecting the rights of “terre tenants” and 1994 Bankruptcy Code amendments broadening debtors’ rights to cure mortgage defaults. Therefore, while the seemingly contrived manner in which the…

2Cases cited23 opinions

  1. In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
  2. In Re Ernest R. Lilley, Jr., Debtor. Ernest R. Lilley, Jr.Court of Appeals for the Third Circuit · 1996
  3. In Re HammondCourt of Appeals for the Third Circuit · 1994
  4. First National Fidelity Corp. v. Ruth Perry, Robert M. Wood, TrusteeCourt of Appeals for the First Circuit · 1991
  5. In Re CromptonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987

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

3Cited by3 opinions

  1. Bank of America, N.A. v. Garcia (In Re Garcia)United States Bankruptcy Court, D. Arizona · 2002
  2. In Re AllenDistrict Court, District of Columbia · 2003
  3. Matter of LippolisDistrict Court, E.D. Pennsylvania · 1998

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