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In re Hernandez

In re Hernandez

Ruling
Possibility of lack of adequate protection in the future was not grounds for denial of confirmation.
Procedural posture

Pursuant to 11 U.S.C.S. § 1324 and § 1325(a)(5), creditor filed an objection to confirmation of the debtor's proposed chapter 13 plan. At issue was whether the plan would provide the creditor, which held a security interest in the debtor's vehicle, with adequate protection and equal payments, pursuant to 11 U.S.C.S. § 1325(a)(5)(B)(iii).

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Consumer opinion summary, case decided on April 14, 2009 , LexisNexis #0609-127