Legal Opinion

In re Dobbs

United States Bankruptcy Court, E.D. New York

Decided January 7, 2019No. Case No. 17-77757-regPublishedCited by 3 opinions

1Opinion of the Court

Robert E. Grossman, United States Bankruptcy Judge

Sabrina Dobbs (the "Debtor") filed a motion ("Motion") objecting to the proof of claim filed by Wells Fargo Bank, N.A., which holds a junior mortgage lien on the Debtor's residence ("Residence"). The Debtor appears to argue that Wells Fargo failed to perfect its mortgage lien under applicable state law, and as a result, the Debtor may permanently avoid the mortgage lien, reclassify the claim as unsecured and satisfy the claim by paying Wells Fargo a percentage of its total claim under a Chapter 13 plan. Wells Fargo has filed an objection to…

2Cases cited13 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  3. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  4. In Re: Pamela Knapper, F/k/a Pamela Jones, Pamela Knapper William C. Miller v. Bankers Trust Co., as Trustee for Amresco Residential Securities CorpCourt of Appeals for the Third Circuit · 2005
  5. Matter of BeardUnited States Bankruptcy Court, N.D. Indiana · 1990

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3Cited by3 opinions

  1. 21st Mortgage Corporation v. Warfel, DavidDistrict Court, W.D. Wisconsin · 2022
  2. In re: Andrea GenretteDistrict Court, D. Delaware · 2020
  3. Murray v. John and Jane Doe Corporations and EntitiesUnited States Bankruptcy Court, E.D. New York · 2020

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