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In re Chavez

In re Chavez

Ruling
Plan confirmed over objection of oversecured creditor who would receive regular payments in amounts greater than necessary for adequate protection.
Procedural posture

The court held a hearing on confirmation of debtor's amended chapter 13 plan. It considered the chapter 13 trustee's recommendation for approval and the objection to confirmation filed by a creditor, based on the creditor's contention that the plan did not provide for it to be paid in equal monthly payments beginning in month one of the plan, and that payments on its claim should not exceed thirty-six months, in light of the age of the vehicle.

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Consumer opinion summary, case decided on March 05, 2008 , LexisNexis #0408-058