American General Finance, Inc. v. Paschen (In Re Paschen)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that when it applies, § 1322(c)(2), properly interpreted, permits the modification of a secured creditor’s claim even when secured by the debtor’s principal residence
• indicating that modifying words, here the word “involving,” should be construed as applicable to the word or words immediately preceded, and not as extending to and including others more remote, here the'words “Subchapter ‘S’ elections”
• “[T]he plain language of the statute indicates a clear congressional intent to except certain short-term mortgages from the general rule prohibiting the modification of claims secured only by an interest in a debtor’s primary residence in a Chapter 13 proceeding.”
• applying the rule of last antecedent in statutory construction

Source: CourtListener parenthetical corpus (CC0).