Legal Opinion

In re Williams

United States Bankruptcy Court, D. Kansas

Decided December 2, 2015No. CASE NO. 14-20159PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION AND JUDGMENT DENYING DEBTOR’S MOTION FOR POST-CONFIRMATION AMENDMENT OF PLAN

Dale L. Somers, United States Bankruptcy Judge

In this contested matter, Wells Fargo *516Bank, N.A. (Wells Fargo),1 opposes Debtor Bradley Scott Williams’s (Debtor)2 motion for the post-confirmation amendment of his Chapter 13 plan3 to provide for the vesting of his former homestead in Wells Fargo, the holder of a first mortgage lien on the property.4 This is a matter of significant interest to the Chapter 13 bar, as it has been proposed as a means to deal with “zombie mortgages.”5 For the reasons…

2Cases cited8 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
  3. Pratt v. General Motors Acceptance Corp. (In Re Pratt)Court of Appeals for the First Circuit · 2006
  4. Wachovia Dealer Services v. Jones (In Re Jones)Court of Appeals for the Tenth Circuit · 2008
  5. In re RoseUnited States Bankruptcy Court, W.D. North Carolina · 2014

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3Cited by7 opinions

  1. In re TosiUnited States Bankruptcy Court, D. Massachusetts · 2016
  2. HSBC Bank USA, N.A. v. ZairDistrict Court, E.D. New York · 2016
  3. In re WellerUnited States Bankruptcy Court, D. Massachusetts · 2016
  4. Selene Finance LP v. Brown (In re Brown)District Court, D. Massachusetts · 2017
  5. In re KeokukUnited States Bankruptcy Court, E.D. Kentucky · 2019

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