Legal Opinion

In re Proctor

United States Bankruptcy Court, E.D. North Carolina

Decided July 18, 2013No. CASE NO. 12-08116-8-SWHPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION REGARDING CONFIRMATION OF PLAN

Stephani W. Humrickhouse, United States Bankruptcy Judge

On July 1, 2013, in an order confirming the debtor’s modified chapter 11 plan and overruling objections by creditor OneWest Bank, FSB (“OneWest”) and the bankruptcy administrator, the court indicated that the bases for those rulings would be set out in a forthcoming memorandum opinion.

The determinative issue for confirmation purposes was whether the debtor was precluded from modifying his debt to OneWest. The debt is secured by real property that the debtor originally purchased for use as…

2Cases cited14 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
  3. In Re Clarence Gordon Witt Carolyn Sue Witt, Debtors. Clarence Gordon Witt Carolyn Sue Witt v. United Companies Lending CorporationCourt of Appeals for the Fourth Circuit · 1997
  4. In Re: Manuel Ferandos, Debtor 1 St 2 Nd Mortgage Co. Of Nj, Inc. v. Manuel FerandosCourt of Appeals for the Third Circuit · 2005
  5. In Re AbdelgadirUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011

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

3Cited by5 opinions

  1. In re CrumpUnited States Bankruptcy Court, D. South Carolina · 2015
  2. In re AbregoUnited States Bankruptcy Court, N.D. Illinois · 2014
  3. In re LaycockUnited States Bankruptcy Court, S.D. New York · 2013
  4. In re WongUnited States Bankruptcy Court, D. Maryland · 2019
  5. Michael Jacques JacobsUnited States Bankruptcy Court, D. New Mexico · 2023

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