Legal Opinion
In Re Threats
United States Bankruptcy Court, N.D. Illinois
Decided October 5, 1993No. 19-04933PublishedCited by 21 opinions
1Opinion of the Court
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND MEMORANDUM OPINION
ERWIN I. KATZ, Bankruptcy Judge.
Fleet Real Estate Funding Corporation (“Fleet”) objects to the confirmation of the Debtors’ proposed Chapter 13 plan and, in addition, seeks a modification of the automatic stay so that it may proceed to foreclosure against the Debtors’ primary residence. The question before the Court is whether the transferees of property that is their primary residence may defeat assumption and due-on-sale clauses by curing defaults under the mortgage through a Chapter 13 plan. Fleet argues that the proposed plan…
2Cases cited10 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- In Re Joseph C. Taddeo and Ellen A. Taddeo, Debtors. Elfriede Di Pierro v. Joseph C. Taddeo and Ellen A. Taddeo and Richard J. McCord Interim TrusteeCourt of Appeals for the Second Circuit · 1982
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Bank of America, N.A. v. Garcia (In Re Garcia)United States Bankruptcy Court, D. Arizona · 2002
- Ulster Savings Bank v. Kizelnik (In Re Kizelnik)United States Bankruptcy Court, S.D. New York · 1995
- In Re MullinUnited States Bankruptcy Court, S.D. Texas · 2010
- Matter of HutchersonUnited States Bankruptcy Court, N.D. Georgia · 1995
- In Re RutledgeUnited States Bankruptcy Court, E.D. New York · 1997
16 more not listed; retrieve them via the Exa API.