In Re Roderick
United States Bankruptcy Court, E.D. California
1Opinion of the Court
KLEIN, Bankruptcy Judge:
Chapter 7 debtors acting in good faith to negotiate a reaffirmation agreement that modifies their mortgage invoke Federal Rule of Bankruptcy Procedure 4004(c)(2) to defer discharge and thereby defer expiration of the automatic stay per 11 U.S.C. § 362(c)(2)(C) until the mortgagee decides whether to allow mortgage modification. The mortgagee acknowledges it has repeatedly requested, received, and mislaid the same information from the debtors, and after four short-term discharge deferrals, wants more time. Those deferrals having proven inadequate, the motion is GRANTED…
2Cases cited13 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Roseleaf Corp. v. ChierighinoCalifornia Supreme Court · 1963
- Brown v. JensenCalifornia Supreme Court · 1953
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3Cited by6 opinions
- Sundquist v. Bank of America, N.A. (In re Sundquist)United States Bankruptcy Court, E.D. California · 2017
- In re PetroneBankruptcy Appellate Panel of the First Circuit · 2013
- In Re WoffordUnited States Bankruptcy Court, W.D. Wisconsin · 2011
- In re RichUnited States Bankruptcy Court, E.D. California · 2016
- In re: Andrea GenretteDistrict Court, D. Delaware · 2019
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