Legal Opinion
In Re Mitchell
United States Bankruptcy Court, D. New Hampshire
Decided February 13, 1991No. 19-10132PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES E. YACOS, Bankruptcy Judge.
The trustee brought these cases on for confirmation, and in both cases the mortgagee of the debtor’s residence 1 objected. The objection is to the proposed bifurcation of the mortgagee’s security interest into secured and unsecured portions based on the value of the underlying collateral 2 using sections 1322(b)(2) and section 506(a). I heard oral arguments of this issue on January 15, 1991, made a ruling then sustaining the objections, and took leave to write this opinion since it is question of first impression in this District and this…
2Cases cited23 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- In Re Lamar Dewsnup and Aletha Dewsnup, Debtors. Lamar Dewsnup, Aletha Dewsnup v. Louis L. TimmCourt of Appeals for the Tenth Circuit · 1990
- In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
- In Re Danny L. Hart and Joanne E. Hart, Debtors. Eastland Mortgage Co. v. Danny L. Hart and Joanne E. HartCourt of Appeals for the Tenth Circuit · 1991
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993
- In Re KlusUnited States Bankruptcy Court, D. Connecticut · 1994
- Nobelman v. American Savings Bank (In Re Nobelman)District Court, N.D. Texas · 1991
- Wright v. C & S Family Credit, Inc. (In Re Wright)United States Bankruptcy Court, N.D. Georgia · 1991
- Richards v. Citicorp Mortgage, Inc. (Richards)United States Bankruptcy Court, D. Massachusetts · 1993
10 more not listed; retrieve them via the Exa API.