Legal Opinion
Guccione v. First Federal Sayings & Loan Ass'n of Suffern (In Re Guccione)
United States Bankruptcy Court, S.D. New York
Decided July 11, 1984No. 19-22551PublishedCited by 2 opinions
1Opinion of the Court
DECISION ON COMPLAINT OBJECTING TO SECURED CLAIM OF FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF SUFFERN
HOWARD SCHWARTZBERG, Bankruptcy Judge.
In this Chapter 13 case, the debtor, Shi-rin Guccione, objects to a secured claim filed by First Federal Savings & Loan Association of Suffern (“First Federal”) on the grounds that the claim includes an improper charge of interest upon past due interest, that it fails to account for interest earned by the debtor on escrowed funds and that mortgage payments were misapplied to pay the bank’s attorneys’ fees. First Federal asserts that as a bank chartered…
2Cases cited25 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
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3Cited by2 opinions
- Kredietbank, N v. v. ESIC Capital Corp. (In Re Rosner)United States Bankruptcy Court, E.D. New York · 1985
- In Re Berry Estates, Inc.District Court, S.D. New York · 1985