Legal Opinion

In Re Roderick

United States Bankruptcy Court, E.D. California

Decided March 8, 2010No. 19-10333PublishedCited by 6 opinions

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

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
  3. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
  4. Roseleaf Corp. v. ChierighinoCalifornia Supreme Court · 1963
  5. Brown v. JensenCalifornia Supreme Court · 1953

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3Cited by6 opinions

  1. Sundquist v. Bank of America, N.A. (In re Sundquist)United States Bankruptcy Court, E.D. California · 2017
  2. In re PetroneBankruptcy Appellate Panel of the First Circuit · 2013
  3. In Re WoffordUnited States Bankruptcy Court, W.D. Wisconsin · 2011
  4. In re RichUnited States Bankruptcy Court, E.D. California · 2016
  5. In re: Andrea GenretteDistrict Court, D. Delaware · 2019

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