Legal Opinion

In Re Hayes

United States Bankruptcy Court, D. Oregon

Decided March 13, 1990No. 19-30121PublishedCited by 23 opinions

1Opinion of the Court

OPINION

HENRY L. HESS, Jr., Chief Judge.

This matter came before the court upon Great Western Bank’s objections to the debtors’ Fourth Amended Chapter 13 Plan. The creditor was represented by Donald H. Hansen of Portland, Oregon. The debtors were represented by Don Thacker, also of Portland.

For the first time, this court is called upon to determine how to apply the ruling of In Re Hougland, 886 F.2d 1182 (9th Cir.1989). In that case, the Ninth Circuit Court of Appeals ruled that, notwithstanding § 1322(b)(2), 1 a claim secured only by the debtor’s residence could be bifurcated into secured and…

2Cases cited1 opinion

  1. In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989

3Cited by23 opinions

  1. In the Matter Of: Warren C. Chappell and Barbara A. Chappell, Doing Business as Mister Photographer, Debtors, Appeal Of: Homebanc, IncorporatedCourt of Appeals for the Seventh Circuit · 1993
  2. First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
  3. In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
  4. In Re BellamyCourt of Appeals for the Second Circuit · 1992
  5. Cobb v. Mortgage Default Services (In Re Cobb)United States Bankruptcy Court, E.D. Pennsylvania · 1990

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