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Legal Opinion

In Re Stamper

United States Bankruptcy Court, N.D. Illinois

Decided April 13, 1988No. 13-41604PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND OPINION

ROBERT E. GINSBERG, Bankruptcy Judge.

This matter comes to be heard on the debtors’ objection to a portion of the ar rears claim filed by Commonwealth Mortgage Company (“Commonwealth”) in the debtors’ Chapter 13 case. Commonwealth’s claim includes interest on arrear-ages. The debtors contend that the agreement between the parties does not provide for interest on arrearages and that requiring the payment of such interest would violate 11 U.S.C. § 1322(b)(2). Commonwealth argues that both 11 U.S.C. § 1325(a)(5)(B)(ii) and the mortgage contract itself require the payment of…

2Cases cited14 opinions

  1. In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  2. Memphis Bank & Trust Company v. Linda Gail WhitmanCourt of Appeals for the Sixth Circuit · 1982
  3. In re ClarkCourt of Appeals for the Seventh Circuit · 1984
  4. In Re SimpkinsUnited States Bankruptcy Court, E.D. Tennessee · 1982
  5. Gothberg v. NemerovskiAppellate Court of Illinois · 1965

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

3Cited by14 opinions

  1. In Re BrownUnited States Bankruptcy Court, E.D. Virginia · 1988
  2. Shearson Lehman Mortgage Corp. v. Laguna (In Re Laguna)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. Shearson Lehman Mortgage Corp. v. Laguna (In re Laguna)Court of Appeals for the Ninth Circuit · 1991
  4. In Re DanielsUnited States Bankruptcy Court, N.D. Illinois · 1988
  5. In Re ParkerUnited States Bankruptcy Court, W.D. Texas · 1991

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

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