Legal Opinion
Brunson v. Wendover Funding, Inc. (In Re Brunson)
United States Bankruptcy Court, W.D. New York
Decided September 25, 1996No. 2-19-20189PublishedCited by 27 opinions
1Opinion of the Court
MICHAEL J. KAPLAN, Chief Judge.
This Court today rejects substantial authority to the effect that strip-down of a residential mortgage is always permitted, as a matter of law, as to multi-family dwellings in a Chapter 13 case. This Court believes that the antimodification provision, 11 U.S.C. § 1322(b)(2), may apply in some such instances, depending on the facts of a particular case.
This is an adversary proceeding in a Chapter 13 case in which the Debtor, Shirley A. Brunson, wishes to establish that she may “strip down” the first mortgage on her residence from approximately $40,000 to the…
2Cases cited6 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Kate Frazier v. Fairhaven School CommitteeCourt of Appeals for the First Circuit · 2002
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
- In Re HammondCourt of Appeals for the Third Circuit · 1994
- In Re RamirezUnited States Bankruptcy Court, S.D. California · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006
- In Re BulsonUnited States Bankruptcy Court, W.D. Michigan · 2005
- In Re MacAlusoUnited States Bankruptcy Court, W.D. New York · 2000
- In Re SmartUnited States Bankruptcy Court, D. Connecticut · 1997
- Wages v. J.P. Morgan Chase Bank, N.A. (In Re Wages)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
22 more not listed; retrieve them via the Exa API.