Legal Opinion
Boehmer v. Essex (In Re Boehmer)
United States Bankruptcy Court, E.D. Pennsylvania
Decided November 1, 1999No. 19-11777PublishedCited by 10 opinions
1Opinion of the Court
Opinion
STEPHEN RASLAVICH, Bankruptcy ' Judge.
Introduction.
The Debtors have filed a complaint pursuant to 11 U.S.C. § 506(a) and Bankruptcy Rule 3012 to determine the value of a creditor’s security, and hence its allowed claim. This adversary proceeding presents two legal issues, each of which is at once straightforward but deceptively complex. The legal issues are succinctly set forth in the parties’ pre-trial memorandum, as follows: first, may the defendant/creditor’s second lien residential mortgage. be modified under 11 U.S.C. § 1322(b)(2) on the grounds that the mortgage of the creditor,…
2Cases cited26 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Lam v. Investors Thrift (In Re Lam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- In Re HammondCourt of Appeals for the Third Circuit · 1994
- In Re HornesUnited States Bankruptcy Court, D. Connecticut · 1993
- Sapos v. Provident Institution Of SavingsCourt of Appeals for the Third Circuit · 1992
21 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- McCarron v. Firstplus Financial (In Re McCarron)United States Bankruptcy Court, W.D. Missouri · 2000
- In Re EnriquezUnited States Bankruptcy Court, S.D. California · 2000
5 more not listed; retrieve them via the Exa API.