1. Home
  2. Browse Decisions
  3. B.R.
  4. 478 B.R.
  5. 478 B.R. 555 (2012)
 

WACHOVIA MORTG. v. SMOOT

Nos. 11-CV-06379 (ADS), 11-CV-03832 (ADS).

478 B.R. 555 (2012)

WACHOVIA MORTGAGE, Appellant, v. Sonia L. SMOOT, Appellee. PNC Bank, N.A., Appellant, v. Joseph Contrino, Appellee.

United States District Court, E.D. New York.

September 20, 2012.

Attorney(s) appearing for the Case

Rosner Nocera & Ragone, LLP, By: John P. Foudy, Esq. , of Counsel, New York, NY, for the Appellant Wachovia Mortgage.

Law Offices of Jonathan M. Rosen, By: Russell David Daly, Esq. , of Counsel, Garden City, NY, for the Appellee Sonia L. Smoot.

Weltman Weinberg & Reis Co., L.P.A., By: Geoffrey J. Peters, Esq. , of Counsel, Columbus, OH, for the Appellant PNC Bank, N.A.

Scott R. Schneider, Esq. , Hicksville, NY, for the Appellee Joseph Contrino.

MEMORANDUM OF DECISION AND ORDER

ARTHUR D. SPATT, District Judge.

Presently before the Court are two distinct appeals from the Bankruptcy Court that pose precisely the same issue: whether a debtor who has filed for Chapter 7 bankruptcy may "strip off" the lien of a junior mortgage pursuant to 11 U.S.C. § 506(d), when the outstanding balance due on a senior mortgage exceeds the fair market value of the secured property. Because the appeals are identical...

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