Legal Opinion

In Re Carr

United States Bankruptcy Court, N.D. Georgia

Decided August 19, 1983No. 19-20147PublishedCited by 15 opinions

1Opinion of the Court

ORDER

W. HOMER DRAKE, Bankruptcy Judge.

This case is before the Court on the debt- or’s objection to the proof of claim filed by First Family Mortgage Corporation (“FFMC”). FFMC’s proof of claim included interest on the prepetition arrearages which were to be cured through deferred payments under the plan. The debtor contends that' the agreement between the parties did not provide for this additional interest on default payments. FFMC argues that 11 U.S.C. § 1325(a)(5)(B)(ii) requires that interest be included.

The issue presented is whether or not a secured creditor who holds a security…

2Cases cited9 opinions

  1. In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
  2. In Re SimpkinsUnited States Bankruptcy Court, E.D. Tennessee · 1982
  3. Di Pierro v. Cullen (In Re Taddeo)United States Bankruptcy Court, E.D. New York · 1981
  4. Midland Mutual Life Insurance v. Masnorth Corp. (In Re Masnorth Corp.)United States Bankruptcy Court, N.D. Georgia · 1983
  5. Mid American Credit Union v. Davis (In Re Davis)District Court, D. Kansas · 1981

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

3Cited by15 opinions

  1. In Re Shaffer Furniture Co.United States Bankruptcy Court, E.D. Pennsylvania · 1987
  2. In Re ColegroveCourt of Appeals for the Sixth Circuit · 1985
  3. In Re MinickDistrict Court, District of Columbia · 1986
  4. 13 Collier bankr.cas.2d 121, Bankr. L. Rep. P 70,635 in Re Ben W. Terry, Debtors. Foster Mortgage Corporation v. Ben Watt Terry and Cheryl Eileen Terry, in Re Willie J. Bibbs, Debtor. F & M Mortgage Corporation v. Willie J. Bibbs, in Re E.Z. Carr, Debtor. First Family Mortgage Corporation v. E.Z. CarrCourt of Appeals for the First Circuit · 1986
  5. Matter of SmithUnited States Bankruptcy Court, D. New Jersey · 1986

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

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