Legal Opinion
Federal Land Bank of St. Paul v. Brown (In Re James)
United States Bankruptcy Court, E.D. Michigan
Decided May 19, 1982No. 19-42110PublishedCited by 20 opinions
1Opinion of the Court
OPINION
RAY REYNOLDS GRAVES, Bankruptcy Judge.
The question presented by these consolidated cases is simply stated: May a bankruptcy court issue an order pursuant to 11 U.S.C. § 105 which tolls a state statutory period of redemption so as to allow the Chapter 13 debtor to reinstate the terms of the mortgage in default in the plan pursuant to 11 U.S.C. § 1322(b)(5)?
This Court finds that 11 U.S.C. § 105 does not empower a bankruptcy court to toll a state statutory period of redemption so as to enable a Chapter 13 debtor to reinstate the terms of the mortgage in default in the plan pursuant to 11…
2Cases cited16 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- Bank of the Commonwealth v. BevanDistrict Court, E.D. Michigan · 1981
- In Re ButchmanUnited States Bankruptcy Court, S.D. New York · 1980
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
- Johnson v. First National BankCourt of Appeals for the Eighth Circuit · 1983
- In Re Gerald David Glenn and Janice Sue Glenn, Debtors, the Federal Land Bank of Louisville, Creditor-Appellant v. Gerald David Glenn and Janice Sue Glenn, (82-3821) Debtors-Appellees. In Re Edward J. Pigloski and Mary L. Pigloski, Debtors, Edward J. Pigloski and Mary L. Pigloski v. Maxine Wynn and Manor Mortgage Company, (83-1316) in Re Ralph Miller, Debtor, First Federal of Michigan v. Ralph Henry Miller, (83-1585)Court of Appeals for the First Circuit · 1985
- In Re IvoryUnited States Bankruptcy Court, D. Oregon · 1983
- Federal Land Bank v. GlennCourt of Appeals for the Sixth Circuit · 1985
15 more not listed; retrieve them via the Exa API.