Legal Opinion

DeKalb Bank v. Flaherty (In Re Flaherty)

United States Bankruptcy Court, N.D. Illinois

Decided March 18, 1981No. 19-05317PublishedCited by 25 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

ROBERT L. EISEN, Bankruptcy Judge.

The sole issue raised by the DeKalb Bank’s motion to dismiss the debtor’s Chapter 13 petition is whether the debtor is an eligible Chapter 13 debtor. The court being fully advised in the premises, hereby makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

Debtor filed his Chapter 13 petition on June 27, 1980. Said petition showed his residence as having a fair market value of $73,000. The parties stipulate that the value is $76,000. First Savings and Loan of Sycamore holds the first mortgage on the residence. The…

2Cases cited4 opinions

  1. Weger v. Robinson Nash Motor Co.Illinois Supreme Court · 1930
  2. Zimek v. Illinois National Casualty Co.Illinois Supreme Court · 1939
  3. In Re KelseyUnited States Bankruptcy Court, S.D. Texas · 1980
  4. Matter of PrinceUnited States Bankruptcy Court, W.D. New York · 1980

3Cited by25 opinions

  1. In Re LambertUnited States Bankruptcy Court, D. Utah · 1984
  2. Craig Corp. v. Albano (In Re Albano)District Court, N.D. Illinois · 1985
  3. In the Matter of Eugene Arthur Day, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
  4. Matter of McGovernUnited States Bankruptcy Court, N.D. Indiana · 1990
  5. In Re PulliamUnited States Bankruptcy Court, N.D. Texas · 1988

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