Legal Opinion
Enewally v. Washington Mutual Bank (In re Enewally)
Court of Appeals for the Ninth Circuit
Decided May 27, 2004No. Nos. 02-57119, 02-57151PublishedCited by 14 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
In this appeal, we consider whether a Chapter 13 bankruptcy plan may provide for dividing a loan into secured and unsecured claims, commonly referred to as “lien stripping,” with the debtor satisfying the secured claim beyond the life of the Chapter 13 plan. We conclude that this type of plan is not permitted under Chapter 13 of the Bankruptcy Code, and we affirm the judgment of the district court.
I
In 2000, Ikechukwu and Uzoamaka Ene-wally filed a joint voluntary petition for Chapter 13 bankruptcy and an accompanying Chapter 13 plan. In their schedules, the Enewallys…
2Cases cited23 opinions
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Louisville Joint Stock Land Bank v. RadfordSupreme Court of the United States · 1935
- United States v. Security Industrial BankSupreme Court of the United States · 1982
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3Cited by14 opinions
- Espinosa v. United Student Aid Funds, Inc.Court of Appeals for the Ninth Circuit · 2008
- In Re RussellUnited States Bankruptcy Court, E.D. Virginia · 2010
- JPMCC 2007-CIBC 19 East Greenway, LLC v. Bataa/Kierland LLC (In re Bataa/Kierland LLC)District Court, D. Arizona · 2013
- In RE McGRAHANBankruptcy Appellate Panel of the First Circuit · 2011
- In re BullardUnited States Bankruptcy Court, D. Massachusetts · 2012
9 more not listed; retrieve them via the Exa API.