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· 12/9/2011

Benafel v. One West Bank, FSB (In Re Benafel)

Citations

  • 461 B.R. 581
  • 67 Collier Bankr. Cas. 2d 127
  • 2011 Bankr. LEXIS 5121
  • 2011 WL 6942897

How courts have described this case

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

  • holding that the determination of whether the debtor is using real property as his principal residence is made as of the petition date for the purposes of section 1322(b)(2)
  • “It may be ironic in the current appeal, where One West argues in favor of using the loan transaction date, that some cases align ing with One West’s position did not result in a desirable outcome for the secured creditor.”
  • discussing In re Abdelgadir, 455 B.R. at 902
  • applying Abdelgadir approach to § 1322(b)(2)

Source: CourtListener parenthetical corpus (CC0).

Judges: Pappas, Jury, Clarkson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.