Cincinnati, OH
Chapter 13 bankruptcy Lawyer at Cincinnati, OH
Practice Areas: Chapter 13 Bankruptcy, Chapter 7 Bankruptcy ... +2 more
OUTCOME: The Court ruled in my Clients' favor
After we won in the District Court, the Creditor appealed the Case to the United States Sixth Circuit Court of Appeals which upheld the District Court's ruling. http://www.ca6.uscourts.gov/opinions. ... pdf/13a0413n-06.pdf
OUTCOME: The Court ruled in my Clients' favor
In this case, my Client attempted to cram down a loan on a mobile home arguing the mobile home was not real property under Ohio law. In a bankruptcy action, a loan secured only by real property that is ... the Debtor's principle residence cannot be modified pursuant to 11 U.S.C. Section 1322(b)(2) of the Bankruptcy Code. A mobile home is ordinarily considered personal property unless it has been legally converted to real property. We argued the mobile home had not been converted to real property because it was not affixed to a permanently foundation. The Court set forth a 3 part test that a mobile home must pass in order to be considered real property: (1) the title to the mobile home must be surrendered to the Clerk of the Court of Common Pleas; (2) the owner of the Mobile Home must also be the owner of the real property on which it is located and (3) the Mobile Home must be affixed to a permanent foundation. The Court agreed with our position that the mobile home was not affixed to a permanent foundation and my Client could, therefore, pay for the mobile home at its fair market value as opposed to full amount of the loan. https://scholar.google.com/scholar_case?case=5796935371575747821&q=Wallingford&hl=en&as_sdt=4,357
OUTCOME: The Court ruled in my Clients' favor
This case involved a complex legal issue in which my Client was attempting to cram down his loan by paying the fair of his property rather than the full amount owed. http://www.ca6.uscourts.gov/opin ... ions.pdf/08b0007p-06.pdf
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