Legal Opinion

Turek v. Dehart (In Re Turek)

United States Bankruptcy Court, M.D. Pennsylvania

Decided July 21, 2006No. 1-04-BK-03910, 1-04-BK-00505PublishedCited by 20 opinions

1Opinion of the Court

OPINION

MARY D. FRANCE, Bankruptcy Judge.

Under what terms may a debtor accelerate payments under a confirmed chapter 13 plan and obtain an early discharge? This issue is raised in the two cases addressed in this opinion albeit in different procedural contexts. In the case of Thomas and Pamela Turek (“the Tureks”), the issue arose in the context of a proposal to refinance a residential mortgage. In the case of Allen and Michele Kuykendall (“the Kuykendalls”), the issue arose after the Kuykendalls sold their home and used the proceeds to pay off their plan. The Tu-reks seek an order permitting…

2Cases cited20 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  4. Sunahara v. Burchard (In Re Sunahara)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. In Re ErnstUnited States Bankruptcy Court, D. Minnesota · 1985

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

3Cited by20 opinions

  1. Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
  2. In Re GirodesUnited States Bankruptcy Court, M.D. North Carolina · 2006
  3. In Re StuartUnited States Bankruptcy Court, E.D. Pennsylvania · 2009
  4. In Re DavisUnited States Bankruptcy Court, E.D. Pennsylvania · 2008
  5. In Re PadillaUnited States Bankruptcy Court, E.D. Pennsylvania · 2007

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API