Legal Opinion

D'Angona v. Marine Midland Bank (In Re D'Angona)

United States Bankruptcy Court, D. Connecticut

Decided November 8, 1989No. 17-51329PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

ROBERT L. KRECHEVSKY, Chief Judge.

I

ISSUE

Peter A. D’Angona, a chapter 7 debtor, seeks a judgment in this core proceeding that he may use Bankruptcy Code §§ 506(a) and (d) for the purpose of avoiding liens on realty abandoned by the estate to him. The issue of such debtor’s use of § 506 has been frequently addressed with conflicting results elsewhere, but no written ruling has been rendered in this district. For reasons that follow, I concur with those courts which conclude that the § 506 provisions may not be so used.

II

BACKGROUND

The debtor filed a chapter 7 petition on…

2Cases cited19 opinions

United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
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
Tanner v. FinanceAmerica Consumer Discount Co. (In Re Tanner)United States Bankruptcy Court, W.D. Pennsylvania · 1981
In the Matter of Paul D. Folendore and Helen H. Folendore, Debtors. Paul D. Folendore and Helen H. Folendore v. U.S. Small Business AdministrationCourt of Appeals for the Eleventh Circuit · 1989

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3Cited by5 opinions

First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
Oregon Ex Rel. Director of the Department of Veterans' Affairs v. Lange (In Re Lange)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
Brouse v. CSB Mortgage Corp. (In Re Brouse)United States Bankruptcy Court, D. Colorado · 1990
Israel v. Department of the Treasury (In Re Israel)United States Bankruptcy Court, D. Connecticut · 1990
Douthart v. Security Pacific Finance Corp. (In Re Douthart)United States Bankruptcy Court, D. New Hampshire · 1990