Legal Opinion

In re Brown

United States Bankruptcy Court, N.D. Indiana

Decided August 2, 2016No. CASE NO. 16-10216PublishedCited by 7 opinions

1Opinion of the Court

DECISION AND ORDER DENYING CONFIRMATION

Robert E. Grant, Chief Judge, United States Bankruptcy Court

On August 2, 2016.

A chapter 13 plan may not modify the rights of the holder of “a claim secured only by a security interest in real property that is the debtor’s principal residence.” 11 U.S.C. § 1322(b)(2). The debtors’ proposed chapter 13 plan, as modified, contains the following provision:

The failure of Citi Mortgage to file a proof of claim by the claims bar date shall result in the waiver of any secured mortgage arrearage, and any mortgage arrears being reduced to $0.00, Agreed Modification…

2Cases cited32 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Powell v. McCormackSupreme Court of the United States · 1969
  3. Alvera M. Aldabe v. Charles D. AldabeCourt of Appeals for the Ninth Circuit · 1980
  4. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  5. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000

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3Cited by7 opinions

  1. Am. First Fed., Inc. v. TheodoreDistrict Court, D. Vermont · 2018
  2. In re SheltonUnited States Bankruptcy Court, N.D. Illinois · 2018
  3. In re LindseyUnited States Bankruptcy Court, N.D. Illinois · 2018
  4. In re HeftUnited States Bankruptcy Court, C.D. Illinois · 2017
  5. In re SmileyUnited States Bankruptcy Court, N.D. Indiana · 2016

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

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