[DOWNLOAD] "In re Roop" by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: In re Roop
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 29, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Order AND JUDGMENT* After examining the briefs and appellate record, this panel has determined unanimously that oral argument
would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is
therefore ordered submitted without oral argument. Appellees William and Davetta Roop ("debtors") filed a Chapter 13 Bankruptcy Petition and a Proposed Plan on May 20, 1992.
The debtors, in their Proposed Plan as well as through a Motion for Order Determining Value of Secured Claims and Voiding
Liens, sought to bifurcate the claim of Appellant Troy & Nichols, Inc. ("T&N"), the holder of a note secured by
a mortgage on the debtors' principal residence, into a secured claim equal to the stipulated fair market value of the residence
($31,375.00) and an unsecured claim equal to the balance remaining under the note ($13,381.15). They sought to avoid any liens
securing claims in excess of the stipulated fair market value.
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