Legal Opinion
In re Smiley
United States Bankruptcy Court, N.D. Indiana
Decided August 10, 2016No. CASE NO. 16-10840PublishedCited by 3 opinions
1Opinion of the Court
DECISION ON CONFIRMATION
Robert E. Grant, Chief Judge, United States Bankruptcy Court
This is In re Brown, Case No. 16-10216, 559 B.R. 704, 2016 WL 6440364 (Bankr. N.D. Ind. Aug. 2, 2016), with a twist. The twist is that the residential mortgage holder whose rights the plan proposes to modify—U.S. Bank—objected to confirmation and appeared at the confirmation hearing; but it did not object because the plan improperly modifies its rights. Its only complaint was that “it had not yet filed its proof of claim ... [and] the plan does not indicate the amount of arrearage [it would be] paid.”…
2Cases cited8 opinions
- Langenkamp v. CulpSupreme Court of the United States · 1991
- The Home Insurance Company v. Cooper & Cooper, Ltd.Court of Appeals for the Seventh Circuit · 1989
- In the Matter of Evelyn G. Escobedo, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
- Richer v. MoreheadCourt of Appeals for the Seventh Circuit · 2015
- Hallahan v. HallahanCourt of Appeals for the Seventh Circuit · 1991
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3Cited by3 opinions
- In re Millennium Lab Holdings II, LLCUnited States Bankruptcy Court, D. Delaware · 2017
- Irene Moden v. Ditech Financial, LLCBankruptcy Appellate Panel of the Tenth Circuit · 2021
- Vitale v. Nationstar Mortgage LLCDistrict Court, E.D. North Carolina · 2019