Bellamy v. Federal Home Loan Mortgage Corp.
Court of Appeals for the Second Circuit
1Opinion of the Court
CARDAMONE, Circuit Judge:
Aware of the difficulties faced by debtors in seeking to avoid liquidation, leading to the loss of debtors’ homes, Congress in the Bankruptcy Code provided that residential mortgages secured by liens could be broken down into two parts. One part, equal to the market value of the real property, was fully secured; the other part, representing the amount owed the lender in excess of the market value, was to be treated as an unsecured lien. This remedy, *178which by force of Congress’ action crams down the lender’s interest, does not provide a solution acceptable to…
2Cases cited31 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
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3Cited by6 opinions
- In Re BellamyCourt of Appeals for the Second Circuit · 1992
- Lomas Mortgage USA v. WieseCourt of Appeals for the Ninth Circuit · 1992
- In Re DinsmoreUnited States Bankruptcy Court, W.D. Michigan · 1992
- Enewally v. Washington Mutual Bank (In re Enewally)Court of Appeals for the Ninth Circuit · 2004
- General Motors Acceptance Corp. v. Valenti (In re Valenti)Court of Appeals for the Second Circuit · 1997
1 more not listed; retrieve them via the Exa API.