Legal Opinion
In Re McKinstry
United States Bankruptcy Court, D. Vermont
Decided January 7, 1986No. 19-10083PublishedCited by 18 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
FRANCIS G. CONRAD, Bankruptcy Judge.
This proposed reorganization under Chapter 13 presents the curious spectacle of a debtor who demands the right to make payments to a creditor who insists that the debt no longer exists because it is not a “claim” as defined in 11 USC Section 101(4). The adversaries’ tergiversation arises because the creditor is a bank that holds a mortgage on the debtor’s residence, which had secured an obligation that the Court discharged in the debtor’s earlier bankruptcy. The bank objects to confirming the debtor’s latest Plan because the Plan…
2Cases cited5 opinions
- 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
- H. P. Hood & Sons v. HeinsSupreme Court of Vermont · 1964
- In Re BinfordUnited States Bankruptcy Court, W.D. Kentucky · 1985
- In Re BrownUnited States Bankruptcy Court, S.D. Ohio · 1985
- Manufacturer's Hanover Mortgage Corp. v. Fryer (In Re Fryer)United States Bankruptcy Court, S.D. Ohio · 1985
3Cited by18 opinions
- In the Matter of John Joseph METZ, Debtor. DOWNEY SAVINGS AND LOAN ASSOCIATION, Appellant, v. John Joseph METZ, AppelleeCourt of Appeals for the Ninth Circuit · 1987
- In Re Paul Wayne Saylors, Debtor. Jim Walter Homes, Inc. v. Paul Wayne Saylors, Jane K. Dishuck, Standing TrusteeCourt of Appeals for the Eleventh Circuit · 1989
- In the Matter of Walter N. HUNTER, Debtor-Appellee. Appeal of SHIPSHEWANA STATE BANKCourt of Appeals for the Seventh Circuit · 1992
- In Re KosenkaUnited States Bankruptcy Court, N.D. Indiana · 1989
- In Re RussoUnited States Bankruptcy Court, N.D. Illinois · 1988
13 more not listed; retrieve them via the Exa API.