Legal Opinion
In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage Corporation
Court of Appeals for the Third Circuit
Decided August 28, 2006No. 04-4298PublishedCited by 64 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
In this appeal, we must determine whether a mortgage on a multi-unit dwelling in which the debtor resides qualifies for the anti-modification protection afforded by 11 U.S.C. § 1322(b)(2). That provision protects a mortgagee from having its claim in a Chapter 13 bankruptcy proceeding modified if the mortgage is secured “only by a security interest in real property that is the debtor’s principal residence.” We conclude that a mortgage secured by property that includes, in addition to the debtor’s principal residence, other income-producing rental…
2Cases cited21 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Frank and Arlene Wilson v. Commonwealth Mortgage CorporationCourt of Appeals for the Third Circuit · 1990
- Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
- In Re HammondCourt of Appeals for the Third Circuit · 1994
16 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Birmingham v. PNC Bank, N.A. (In Re Birmingham)Court of Appeals for the Fourth Circuit · 2017
- In Re SandersUnited States Bankruptcy Court, W.D. Texas · 2007
- In Re AbdelgadirUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Benafel v. One West Bank, FSB (In Re Benafel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- In Re MitchellUnited States Bankruptcy Court, M.D. Tennessee · 2007
59 more not listed; retrieve them via the Exa API.