Grubbs v. Houston First American Savings Association
| Decision Date | 17 October 1983 |
| Docket Number | No. 82-2544,82-2544 |
| Citation | 718 F.2d 699 |
| Parties | Ronald E. GRUBBS, Plaintiff-Appellant, v. HOUSTON FIRST AMERICAN SAVINGS ASSOCIATION, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Michael J. Pledger, Houston, Tex., for plaintiff-appellant.
Calvin, Dylewski, Gibbs, Maddox & Russell, Don F. Russell, Houston, Tex., for defendant-appellee.
Appeal from the United States District Court for the Southern District of Texas; Gabrielle K. McDonald, Judge.
Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.
A majority of the Judges in active service, on the Court's own motion, having determined to have this case, 718 F.2d 694 reheard en banc,
IT IS ORDERED that this cause shall be reheard by the Court en banc without oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.
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Stendardo, In re
...right to cure delinquency expired when property sold); see also In re Roach, 824 F.2d at 1379 n. 1. But see Grubbs v. Houston First Am. Sav. Ass'n, 718 F.2d 699 (5th Cir.1984) (Congress did not intend to have laws of different states govern effects of curability of default under § 1322). In......
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In re Stokes
...13 plan finding it to comply with the provisions of § 1322. 1 A rehearing in Houston has been granted by the Fifth Circuit. 718 F.2d 699 (5th Cir.1983). 2 Note, nonetheless, that § 1322(b)(3) evinces a strong policy in the Bankruptcy Code to permit the curing of defaults in a debtor's exist......
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In re Dixon
...5 In its first opinion, Grubbs v. Houston First American Savings Ass'n, 718 F.2d 694, (5th Cir. 1983) reh'g granted, 718 F.2d 699 (5th Cir.1983), the Fifth Circuit stated that "we conclude that Section § 1322(b)(3) is not applicable to the residential note held by Houston First and, as a re......
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Grubbs v. Houston First American Sav. Ass'n
...on a debt on Grubbs' principal residence contrary to Section 1322(b) of the Code." 718 F.2d 694 (5th Cir.), reh'g en banc granted, 718 F.2d 699 (5th Cir.1983). We hold to the contrary. Consistent with the only circuit court decision that has thus far addressed this issue, In re Taddeo, 685 ......