Legal Opinion
In Re Clarence Gordon Witt Carolyn Sue Witt, Debtors. Clarence Gordon Witt Carolyn Sue Witt v. United Companies Lending Corporation
Court of Appeals for the Fourth Circuit
Decided May 21, 1997No. 96-1683PublishedCited by 54 opinions
1Opinion of the Court
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge RUSSELL and Judge MOTZ joined.
OPINION
MICHAEL, Circdt Judge:
Here we must decide whether 11 U.S.C. § 1322(c)(2), enacted as part of the Bankruptcy Reform Act of 1994, allows Chapter 13 debtors to bifurcate undersecured home mortgage loans into separate secured and unsecured claims. Before § 1322(e)(2) was enacted, the Supreme Court in Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993), held that another provision, § 1322(b)(2), prodbited a Chapter 13 debtor from bifurcating home…
2Cases cited19 opinions
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
- Johnson v. First National Bank Of MontevideoCourt of Appeals for the First Circuit · 1983
14 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- First Union Mortgage Corp. v. Eubanks (In Re Eubanks)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
- Robert Ranta v. Thomas GormanCourt of Appeals for the Fourth Circuit · 2013
- National Federation of the Blind Special Olympics Maryland, Incorporated v. Federal Trade CommissionCourt of Appeals for the Fourth Circuit · 2005
- American General Finance, Inc. v. Paschen (In Re Paschen)Court of Appeals for the Eleventh Circuit · 2002
- Branigan v. BatemanCourt of Appeals for the Fourth Circuit · 2008
49 more not listed; retrieve them via the Exa API.