Legal Opinion
In Re Simmons
United States Bankruptcy Court, D. New Jersey
Decided November 1, 1996No. 19-11933PublishedCited by 12 opinions
1Opinion of the Court
OPINION
NOVALYN L. WINFIELD, Bankruptcy Judge.
In the matter before the court the debtor filed for Chapter 13 relief after a foreclosure sale was conducted, but before the expiration of her right of redemption and before delivery of the deed. The debtor desires to cure payment defaults and to reinstate her mortgage. The secured creditor has moved for relief from the automatic stay on the basis that under 11 U.S.C. § 1322(c)(1) the right to cure expired on the date that the property was sold to the highest bidder at the foreclosure sale. As explained below, the court finds that when a sheriff…
2Cases cited27 opinions
- In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
- In the Matter of Benny L. ROACH and Edith Roach, AppellantsCourt of Appeals for the Third Circuit · 1987
- United Technologies Corporation v. Browning-Ferris Industries, Inc.Court of Appeals for the First Circuit · 1994
- United States v. GibbensCourt of Appeals for the First Circuit · 1994
- First National Fidelity Corp. v. Ruth Perry, Robert M. Wood, TrusteeCourt of Appeals for the First Circuit · 1991
22 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McCarn v. WyHy Federal Credit Union (In Re McCarn)Bankruptcy Appellate Panel of the Tenth Circuit · 1998
- In Re ConnorsCourt of Appeals for the Third Circuit · 2007
- Homeside Lending, Inc. v. Denny (In Re Denny)United States Bankruptcy Court, D. Maryland · 1999
- In Re TownsvilleUnited States Bankruptcy Court, E.D. Pennsylvania · 2001
- Christian v. Citibank, F.S.B.District Court, N.D. Illinois · 1997
7 more not listed; retrieve them via the Exa API.