· 3/24/1993
In Re Iris June Davis, Debtor. Allied Credit Corporation v. Iris June Davis
Citations
- 989 F.2d 208
- 28 Collier Bankr. Cas. 2d 942
- 1993 U.S. App. LEXIS 5739
- 24 Bankr. Ct. Dec. (CRR) 119
- 1993 WL 80261
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing distinction between credit life and disability insurance, which is optional, and hazard insurance, which is usually mandatory
- noting that courts “have essentially characterized hazard insurance as an essential protection of the underlying collateral and not as additional collateral”
- Reserving issue whether additional security interest in insurance premiums or other types of insurance might serve as “additional security” for purposes of § 1322(b)(2).
- focusing on whether there was additional collateral such that the anti- modification provision did not apply
- hazard insurance is an element of adequate protection of the existing collateral, and is thus not additional collateral
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Siler, Peck
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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