Legal Opinion

Barnes v. American General Finance (In Re Barnes)

United States Bankruptcy Court, N.D. Illinois

Decided March 5, 1997No. 13-49137PublishedCited by 28 opinions

1Opinion of the Court

MEMORANDUM OPINION

JACK B. SCHMETTERER, Bankruptcy Judge.

This Adversary proceeding relates to bankruptcy proceedings filed by David and Cynthia Barnes (“Debtors”) under Chapter 13 of the Bankruptcy Code (the “Code”), 11 U.S.C. § 101 et seq. Debtors seek an order under 11 U.S.C. § 506(a) and (d) entirely avoiding and stripping away the lien of American General Finance (“AGF” or “Creditor”), granting Debtors’ objection to the secured status of Creditor’s claim, and awarding attorney’s fees and costs. AGF has moved for dismissal of the Complaint and Adversary proceeding. Each party filed briefs…

2Cases cited24 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Dewsnup v. TimmSupreme Court of the United States · 1992
  4. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  5. Thomas Corcoran v. Chicago Park District, a Municipal Corporation, and Jesse MadisonCourt of Appeals for the Seventh Circuit · 1989

19 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
  2. Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
  3. Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
  4. In Re JarvisUnited States Bankruptcy Court, C.D. Illinois · 2008
  5. In Re KingUnited States Bankruptcy Court, C.D. Illinois · 2003

23 more not listed; retrieve them via the Exa API.

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