Legal Opinion
In Re Barnes
United States Bankruptcy Court, W.D. New York
Decided July 30, 1996No. 1-19-10448PublishedCited by 23 opinions
1Opinion of the Court
CARL L. BUCKI, Bankruptcy Judge.
In this Chapter 13 proceeding, the debtor seeks to confirm a plan which proposes to treat as unsecured claims two junior mortgages which would otherwise encumber her residence. Because this court believes that the Supreme Court’s decision in Nobelman v. American Savings Bank, 508 U.S. 324, 113 S.Ct. 2106, 124 L.Ed.2d 228 (1993) prohibits such a “strip down” of liens, the debtor’s motion to confirm her proposed plan must be denied.
Maggie Barnes, the debtor herein, is the owner of her residence at 55 Lang Avenue in the City of Buffalo. After an evidentiary…
2Cases cited2 opinions
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re NeverlaUnited States Bankruptcy Court, W.D. New York · 1996
3Cited by23 opinions
- In Re Stephen J. McdonaldCourt of Appeals for the Third Circuit · 2000
- Domestic Bank v. Mann (In Re Mann)Bankruptcy Appellate Panel of the First Circuit · 2000
- Bartee v. Tara Colony Homeowners Ass'n (In Re Bartee)Court of Appeals for the Fifth Circuit · 2000
- In Re BaulerUnited States Bankruptcy Court, D. New Mexico · 1997
- In Re CervelliUnited States Bankruptcy Court, D. New Jersey · 1997
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