Legal Opinion
Independent Mortgage Co. v. Porter (In Re Porter)
United States Bankruptcy Court, M.D. Pennsylvania
Decided June 15, 2007No. 5-06-bk-50099PublishedCited by 3 opinions
1Opinion of the Court
OPINION
JOHN J. THOMAS, Bankruptcy Judge.
In a matter of first impression, the Debtors are proffering, in their Second Amended Chapter 13 Plan (Doc. #50), treatment of a secured lender that appears quite consistent with the provisions of 11 U.S.C.A. § 1325. Notwithstanding, that plan must fail.
There is no disagreement on the underlying facts.
The Debtors engaged a contractor to build their home. A construction loan was secured to finance the construction. Unfortunately, the Debtors were unable to secure traditional financing to satisfy the construction mortgage, and the construction mortgage…
2Cases cited6 opinions
- In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
- In Re GaviaUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- In Re HogueUnited States Bankruptcy Court, S.D. Ohio · 1987
- In Re ApreaUnited States Bankruptcy Court, E.D. Texas · 2007
- In the Matter Of: Jason Gregory Stamm Lesley Dee Stamm, Debtors. Jason Gregory Stamm Lesley Dee Stamm v. Harvey L. Morton, Trustee, in the Matter Of: David Paul Mangrum, Debtor. David Paul Mangrum v. Harvey L. Morton, in the Matter Of: Romero Cazares Rosa Lopez Fuentes, Debtors. Romero Cazares Rosa Lopez Fuentes v. Harvey L. MortonCourt of Appeals for the Fifth Circuit · 2000
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3Cited by3 opinions
- In re CochranUnited States Bankruptcy Court, M.D. Georgia · 2016
- Dehart v. Stonier (In Re Stonier)United States Bankruptcy Court, M.D. Pennsylvania · 2009
- Caruso v. Dehart (In Re Caruso)United States Bankruptcy Court, M.D. Pennsylvania · 2010