Legal Opinion
Everett v. Kirk Mortgage Co. (In Re Everett)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 24, 1985No. 19-10352PublishedCited by 28 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The query arising in the controversy before us is whether, under 11 U.S.C. § 506(a) and (d) of the Bankruptcy Code (“the Code”), the debtor may avoid a mortgage on a parcel of her realty to the extent that the encumbrance exceeds the fair market value of her property. Based on the reasons set forth below, we conclude that the mortgage is avoidable insofar as that security interest exceeds the value of the property.
We summarize the facts of this controversy ás follows: 1 The debtor filed a petition for the repayment of her debts under chapter 13 of the…
2Cases cited10 opinions
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
- Kapp v. Naturelle, Inc.Court of Appeals for the Eighth Circuit · 1979
- Tanner v. FinanceAmerica Consumer Discount Co. (In Re Tanner)United States Bankruptcy Court, W.D. Pennsylvania · 1981
- United States v. Richard Tapert, Harvey Golden, Gerald Weingarden, Donald Freedlander and RobertgashCourt of Appeals for the Sixth Circuit · 1980
- Rappaport v. Commercial Banking Corp. (In Re Rappaport)United States Bankruptcy Court, E.D. Pennsylvania · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Estate Of Roger LellockCourt of Appeals for the Third Circuit · 1987
- In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Caster v. United States (In Re Caster)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re HynsonUnited States Bankruptcy Court, D. New Jersey · 1986
- In Re MagosinUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
23 more not listed; retrieve them via the Exa API.