Legal Opinion

Cohen v. Lopez (In Re Lopez)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 3, 2007No. BAP No. CC-06-1359-MkBPa. Bankruptcy No. SA 06-10420-TAPublishedCited by 25 opinions

1Opinion of the Court

OPINION

MARKELL, Bankruptcy Judge.

INTRODUCTION

Amrane Cohen, a Chapter 13 2 Trustee, challenges the bankruptcy court’s order confirming the Chapter 13 plan of Rudy Lopez, the debtor in this case. Mr. Lopez’s plan permits him to pay his postpetition payments on notes secured by deeds of trust on his residence (“maintenance payments”) directly to his creditors, while simultaneously allowing him to pay his prepetition arrears on those notes via the trustee. The trustee objected to the direct payment provisions; he believes Mr. Lopez should pay all amounts to him under the plan, and that he should…

2Cases cited38 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Caminetti v. United StatesSupreme Court of the United States · 1917
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  5. Rake v. WadeSupreme Court of the United States · 1993

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3Cited by25 opinions

  1. Hall v. United StatesSupreme Court of the United States · 2012
  2. Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
  3. Giesbrecht v. Fitzgerald (In Re Giesbrecht)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  4. Brown & Cole Stores, LLC v. Associated Grocers, Inc. (In Re Brown & Cole Stores, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  5. In Re ParkerUnited States Bankruptcy Court, E.D. Pennsylvania · 2009

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