Legal Opinion

In re Gilbert

United States Bankruptcy Court, C.D. California

Decided July 27, 2015No. Case No.: 6:14-bk-11606-MHPublished

1Opinion of the Court

MEMORANDUM OF DECISION DENYING CONFIRMATION OF DEBTOR’S. CHAPTER 13 PLAN AND DISMISSING DEBTOR’S CHAPTER 13 CASE WITHOUT PREJUDICE

Mark Houle, United States Bankruptcy Judge

I. FACTUAL BACKGROUND

THE PHOENIX PROPERTY

Debtor Maurice Allen Gilbert (“Debt- or”), filed for bankruptcy on February 10, 2014 (“Petition Date”). Prior to the Petition Date, on August 29, 2005, InterBay Funding LLC (“InterBay”) loaned $380,000 (the “Loan”) to Debtor, and In-terBay secured its right to repayment of the Loan by obtaining a deed of trust (the “Phoenix Deed of Trust”) on real property located at 402 & 406 N.…

2Cases cited15 opinions

  1. In Re Jonathan Barnes Leavitt, Debtor. Jonathan Barnes Leavitt v. Carlos SotoCourt of Appeals for the Ninth Circuit · 1999
  2. In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
  3. In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
  4. In Re Khalil and Shahin Chinichian, Debtors. Khalil and Shahin Chinichian v. Attilio CampolongoCourt of Appeals for the Ninth Circuit · 1986
  5. Bankr. L. Rep. P 75,652 in Re William Eisen, Debtor. William Eisen v. Nancy Curry, Trustee, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1994

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