Legal Opinion

In re Wages

United States Bankruptcy Court, D. Idaho

Decided July 24, 2012No. 11-40249-JDPPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

Chapter 111 debtors Clayton and Andrea Wages (“Debtors”) reside in a house situated on approximately 11 acres (the “Property”) near Heyburn. They also use the Property in the operation of their trucking business. Debtors have proposed a chapter 11 plan in which they modify the terms of a mortgage on the Property held by JPMorgan Chase Bank, N.A. (“Creditor”). Creditor objects to confirmation of Debtors’ plan, asserting that, per §§ 1129(a)(1) and 1123(b)(5), Debtors may not modify Creditor’s contract rights because its claim is…

2Cases cited22 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  5. Radlax Gateway Hotel, LLC v. Amalgamated BankSupreme Court of the United States · 2012

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

3Cited by10 opinions

  1. Wages v. J.P. Morgan Chase Bank, N.A. (In Re Wages)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  2. In re SchayesUnited States Bankruptcy Court, D. Arizona · 2012
  3. In re BrooksUnited States Bankruptcy Court, W.D. New York · 2016
  4. In re AbregoUnited States Bankruptcy Court, N.D. Illinois · 2014
  5. In re HockUnited States Bankruptcy Court, S.D. Florida. · 2017

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

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