Legal Opinion
Citicorp Mortgage, Inc. v. Lumpkin (In Re Lumpkin)
United States Bankruptcy Court, D. Connecticut
Decided August 27, 1992No. 19-20344PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON MOTION FOR RELIEF FROM STAY
ROBERT L. KRECHEVSKY, Chief Judge.
I
ISSUES
In this relief from stay proceeding, Citi-corp Mortgage, Inc., the movant, contends cause exists for granting its motion to allow a state foreclosure action to proceed because Mae Willie Lumpkin, the debtor, cannot submit a confirmable chapter 13 plan to cure a default in movant's loan secured by a mortgage on the debtor’s residence. The movant argues that this is so because (1) the debtor acquired title to the residence through a non-curable violation of a due-on-sale clause contained in the…
2Cases cited5 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
- Jim Walter Homes, Inc. v. Kelly (In Re Kelly)United States Bankruptcy Court, S.D. Mississippi · 1986
- In Re WilkinsonUnited States Bankruptcy Court, N.D. Ohio · 1989
- In Re JonesUnited States Bankruptcy Court, N.D. Ohio · 1989
3Cited by15 opinions
- Bank of America, N.A. v. Garcia (In Re Garcia)United States Bankruptcy Court, D. Arizona · 2002
- Ulster Savings Bank v. Kizelnik (In Re Kizelnik)United States Bankruptcy Court, S.D. New York · 1995
- Matter of HutchersonUnited States Bankruptcy Court, N.D. Georgia · 1995
- In Re RutledgeUnited States Bankruptcy Court, E.D. New York · 1997
- First Federal Bank v. Cogar (In Re Cogar)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
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