Legal Opinion
In Re John Jeffrey Peters, Debtor. Mason-Mcduffie Mortgage Corporation v. John Jeffrey Peters
Court of Appeals for the Ninth Circuit
Decided November 25, 1996No. 95-16489PublishedCited by 24 opinions
1Per curiam
In its opinion below, the Bankruptcy Appellate Panel held that mortgage lenders violate the automatic stay, 11 U.S.C. § 362, by continuing to postpone foreclosure sales after confirmation of a debtor’s Chapter 13 reorganization plan. Peters v. Mason McDuffie (In re Peters), 184 B.R. 799, 802 (9th Cir.BAP 1995). This reasoning was thoroughly considered and rejected by District Judge Wardlaw in Barry v. BA Properties, Inc. (In re Barry), 201 B.R. 820 (C.D.Cal.1996):
The Ninth Circuit has held that a creditor may postpone a foreclosure sale after a debtor files a bankruptcy petition without…
2Cases cited9 opinions
- Anaheim Savings & Loan Ass'n v. Evans (In Re Evans)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Lee Servicing Co. v. Wolf (In Re Wolf)United States Bankruptcy Court, D. New Jersey · 1993
- Ellis v. Parr (In Re Ellis )United States Bankruptcy Appellate Panel for the Ninth Circuit · 1985
- Roach v. RoachCourt of Appeals for the First Circuit · 1981
- Shearson Lehman Mortgage Corp. v. LagunaSupreme Court of the United States · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Eskanos & Adler, P.C. v. Somkiat G. LeetienCourt of Appeals for the Ninth Circuit · 2002
- AFI Holding, Inc. v. BrownCourt of Appeals for the Ninth Circuit · 2008
- Harvey Taylor v. Thomas McCune Slick, Individually and as of the Estate of Dorothy M. Ballantine, DeceasedCourt of Appeals for the Third Circuit · 1999
- Shook v. CBIC (In Re Shook)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- Washington Mutual v. Fritz (In Re Fritz)District Court, E.D. Washington · 1998
19 more not listed; retrieve them via the Exa API.