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· 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 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.