1. Home
  2. Browse Decisions
  3. B.R.
  4. 33 B.R.
  5. 33 B.R. 947 (1983)
 

IN RE COSBY

Bankruptcy No. 82-00392G, Adv. No. 82-2989G.

33 B.R. 947 (1983)

In re Henry T. COSBY, Shirley T. Cosby, Debtors. Henry and Shirley COSBY, Plaintiffs, v. COMMERCIAL BANKING CORP. and Liberty Consumer Discount Company of Pennsylvania, Defendants, and James J. O'Connell, Trustee.

United States Bankruptcy Court, E.D. Pennsylvania.

October 25, 1983.

Attorney(s) appearing for the Case

Irv Ackelsberg, Community Legal Services, Inc., Philadelphia, Pa., for debtors/plaintiffs, Henry T. Cosby and Shirley T. Cosby.

James J. O'Connell, Philadelphia, Pa., trustee.

Andrew N. Schwartz, Philadelphia, Pa., for defendant, Commercial Banking Corp.

Gary P. Urtz, Havertown, Pa., for defendant, Liberty Discount Co. of Pennsylvania.

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The issue in the case at bench is whether the claim of the second mortgagee is an "unsecured claim" within the meaning of section 506(a) of the Bankruptcy Code ("the Code"). We conclude that, since there is no equity in the debtors' residence over and above the first mortgage, the claim of the second mortgagee is unsecured in accordance with section 506(a) of the Code.

The facts of the instant case are...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases