In re Lister
United States Bankruptcy Court, S.D. Ohio
1Opinion of the Court
Beth A. Buchanan, United States Bankruptcy Judge
U.S. Bank Trust, NA (the "Creditor") argues that the proposed cramdown of the Creditor's secured claim by Debtors Amy and James Lister ("Debtors") in their chapter 13 plan [Docket Number 17] is prohibited by the anti-modification provision of 11 U.S.C. § 1322(b)(2). The Debtors maintain that the anti-modification provision does not apply because Creditor's claim is secured by real property that is not solely the Debtors' principal residence. For the reasons that follow, this Court finds that 11 U.S.C. § 1322(b)(2) precludes the modification of…
2Cases cited22 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
- Adebanjo v. Dime Savings Bank of New York, FSB (In Re Adebanjo)United States Bankruptcy Court, D. Connecticut · 1994
- In Re BulsonUnited States Bankruptcy Court, W.D. Michigan · 2005
17 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- HSBC Bank USA, National Associ v. United States Bankruptcy Court for the District of ColoradoBankruptcy Appellate Panel of the Tenth Circuit · 2019
- In re: Christy A. ThomasUnited States Bankruptcy Court, N.D. Illinois · 2023
- Keech v. PenningtonUnited States Bankruptcy Court, W.D. Pennsylvania · 2022
- Robyn E. PenningtonUnited States Bankruptcy Court, W.D. Pennsylvania · 2022