Legal Opinion

In Re Callander

United States Bankruptcy Court, S.D. Ohio

Decided May 9, 2001No. 00-60801PublishedCited by 3 opinions

1Opinion of the Court

ORDER OVERRULING OBJECTION TO CONFIRMATION

DONALD E. CALHOUN, Jr., Bankruptcy Judge.

This case is before the Court upon the objection by HomeComings Financial Network (“HomeComings”) to confirmation of the debtors’ plan of reorganization. The issue is whether a plan of reorganization can be confirmed over objection by a creditor who holds a second mortgage on the debtors’ residential real estate, where the value of the real estate is less than the claim of the first mortgage holder, and the plan treats the second mortgage as an unsecured nonpriority debt, and requires the second mortgage to be…

2Cases cited40 opinions

  1. Kawaauhau v. GeigerSupreme Court of the United States · 1998
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
  4. In Re: Pamela L. Tanner, Debtor. Pamela L. Tanner v. Firstplus Financial, Inc., F.K.A. Remodelers National FundingCourt of Appeals for the First Circuit · 2000
  5. Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997

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3Cited by3 opinions

  1. In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003
  2. Bennett v. Springleaf Financial Services (In re Bennett)United States Bankruptcy Court, S.D. Ohio · 2012
  3. Ernst v. Bank One, N.A. (In Re Ernst)United States Bankruptcy Court, S.D. Ohio · 2001

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