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N.D. Illinois· 1/22/1992

In Re Jackson

Citations

  • 136 B.R. 797
  • 1992 Bankr. LEXIS 63
  • 1992 WL 29220

How courts have described this case

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

  • denying section 1322(b)(2) protection where rents were not incidents of real property because Illinois law did not entitle mortgagee to rents unless pledged in the mortgage
  • security interest in fixtures and insurance proceeds does not constitute additional security, but state law governs mortgagee's rights to rents
  • a mortgage encumbering a two-flat unit, where the debtor lived in one unit and occasionally rented the other, was not protected
  • “... [l]an-guage which goes beyond the traditional right to use proceeds to pay off the obligation ... may constitute the pledge of additional security.”
  • \[T]he boilerplate language granting the mortgagee the right to receive and use property insurance proceeds in the event of some destruction of the property does not create an additional type of collateral securing the mortgage obligation.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Erwin I. Katz

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

25 cases in this archive are cited by this case; the 20 most cited are listed.

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