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Legal Opinion

In re Abrego

United States Bankruptcy Court, N.D. Illinois

Decided March 25, 2014No. Case No. 12 B 29855PublishedCited by 6 opinions

1Opinion of the Court

Chapter 13

ORDER GRANTING DEBTORS’ MOTION TO CONFIRM PLAN (EOD # 51)

PAMELA S. HOLLIS, United States Bankruptcy Judge

This matter comes before the court on the motion of debtors Rosa and Eloy Abre-go to confirm their Chapter 13 plan. TCF National Bank objected to the motion on the grounds that its first mortgage, secured by the Debtors’ principal residence, cannot be modified. The Abregos argue that since the real property is used in part for rental purposes, it is excepted from the anti-modification provision of 11 U.S.C. § 1322(b)(2).

For the reasons stated below, the court grants the Debtors’…

2Cases cited27 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. In the Matter of Barry Stuart Udell, Debtor-Appellee. Appeal of the Standard Carpetland Usa, Inc.Court of Appeals for the Seventh Circuit · 1994
  3. Lomas Mortgage, Inc. v. Esperandieu & Antonine LouisCourt of Appeals for the First Circuit · 1996
  4. In Re HammondCourt of Appeals for the Third Circuit · 1994
  5. In Re Frances Scarborough, Frances Scarborough v. Chase Manhattan Mortgage CorporationCourt of Appeals for the Third Circuit · 2006

22 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re BrooksUnited States Bankruptcy Court, W.D. New York · 2016
  2. In re ListerUnited States Bankruptcy Court, S.D. Ohio · 2018
  3. Patricia Lee v. U.S. Bank National AssociationCourt of Appeals for the Eleventh Circuit · 2024
  4. In re MoorerUnited States Bankruptcy Court, M.D. Alabama · 2016
  5. Gradie C. Hubbard and Kimberly J HubbardUnited States Bankruptcy Court, E.D. Wisconsin · 2025

1 more not listed; retrieve them via the Exa API.

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