Legal Opinion
Cole v. Cenlar Federal Savings Bank (In Re Cole)
United States Bankruptcy Court, E.D. Pennsylvania
Decided January 8, 1991No. 19-10231PublishedCited by 24 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The success of the current Chapter 13 Plan of Debtor, who made but six of the 38 pre-petition mortgage payments due to her residential mortgagee, depends on her ability to convince us that she can utilize 11 U.S.C. § 506 to effectively “cram down” her sizable mortgage-payment arrears. Logic, as well as the express language of 11 U.S.C. § 1322(b)(5), dictates that she cannot do so. Therefore, although we will reduce the Mortgagee’s “claim” for arrears by almost $2,000 to $12,801.05 in the instant adversary proceeding, we decline her…
2Cases cited43 opinions
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- In Re SimpkinsUnited States Bankruptcy Court, E.D. Tennessee · 1982
- In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re CromptonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Appeal of Lynnwood G. Capps, Barbara J. Capps, Commonwealth Eastern Mortgage CorporationCourt of Appeals for the Third Circuit · 1987
38 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Sapos v. Provident Institution Of SavingsCourt of Appeals for the Third Circuit · 1992
- Sapos v. Provident Institution of SavingsCourt of Appeals for the Third Circuit · 1992
- In Re TudorUnited States Bankruptcy Court, S.D. Ohio · 2005
- Richards v. Citicorp Mortgage, Inc. (Richards)United States Bankruptcy Court, D. Massachusetts · 1993
- Majchrowski v. Norwest Mortgage, Inc.District Court, N.D. Illinois · 1998
19 more not listed; retrieve them via the Exa API.