· 10/23/2006
In Re Tewell
Citations
- 355 B.R. 674
- 56 Collier Bankr. Cas. 2d 1337
- 2006 Bankr. LEXIS 2784
- 2006 WL 3017318
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “To allow debtors to effectively ignore due on sale clauses invoked by holders of home mortgages stretches the language of § 1322(b)(2) past the breaking point.”
- transfer of the mortgage in debtor’s plan would be an impermissible modification of creditor’s right to enforce, at its option, the due-on-sale clause in violation of section 1322(b)(2), as there is no mortgagor-mortgagee relation to restore
- discussing the split of opinion
Source: CourtListener parenthetical corpus (CC0).
Judges: John H. Squires
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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