Legal Opinion

McCarn v. WyHy Federal Credit Union (In Re McCarn)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided March 12, 1998No. BAP No. WY-97-045, Bankruptcy No. 97-20214PublishedCited by 45 opinions

1Opinion of the Court

OPINION

BOHANON, Bankruptcy Judge.

The debtors have appealed an Order of the United States Bankruptcy Court for the District of Wyoming denying confirmation of their chapter 13 plan. The sole issue on appeal is whether 11 U.S.C. § 1322(c)(1) permits the debtors’ chapter 13 plan to provide for the cure of a default with respect to a hen on their principal residence if the home was sold at a foreclosure sale prior to the time that they filed bankruptcy, but the debtors had a right of redemption under Wyoming law during the postpetition period. For the reasons set forth below, we grant the debtors…

2Cases cited43 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Connecticut National Bank v. GermainSupreme Court of the United States · 1992

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3Cited by45 opinions

  1. In Re ConnorsCourt of Appeals for the Third Circuit · 2007
  2. Cobb v. Lewis (In Re Lewis)Bankruptcy Appellate Panel of the Tenth Circuit · 2002
  3. In Re BeemanUnited States Bankruptcy Court, D. New Hampshire · 1999
  4. Impac Funding Corp. v. Simpson (In Re Simpson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
  5. In Re CrawfordUnited States Bankruptcy Court, N.D. Ohio · 1999

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