· 4/18/1996
Lomas Mortgage, Inc. v. Esperandieu & Antonine Louis
Citations
- 82 F.3d 1
- 35 Collier Bankr. Cas. 2d 1215
- 1996 U.S. App. LEXIS 8417
- 28 Bankr. Ct. Dec. (CRR) 1246
- 1996 WL 174601
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, notwithstanding the time limit in the Clean Air Act’s review provision, 42 U.S.C. § 7607(b
- finding that § 1322(b)(2) does not bar modification of a secured claim on a multi-unit property in which one unit is debtor’s principal residence and the security interest extends to other income-producing units
- finding that Lomas was good law; the debtor could modify a mortgage holders claim secured by a multi-unit building
- finding that the First Circuit’s holding in Lomas Mortg., Inc. v. Louis was not overruled by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
- noting that \[i]t is unlikely Congress intended the antimodification provision to reach a 100-unit apartment complex simply because the debtor lives in one of the units.\
- finding that § 1322(b)(2) does not bar modification of a secured claim on a multi-unit property in which one unit is debtor’s principal residence and the security interest extends to other income-producing units
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Aldrich, Bownes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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