- 11 U.S.C.
Lee v. United States Bank N.A.
May
23
2024
Ruling
Bankruptcy court did not err in concluding that the anti-modification provision applied toappellee's secured claim as the claim was secured by appellant's real property. (11th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
Jacobs, In re
Jan
06
2023
Ruling
Debtor could not avoid application of § 1123(b)(5) by granting creditor with claim secured onlyby debtor’s residence an additional lien under its plan. (Bankr. D.N.M.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
Herron, In re--Herron v. IRS
Oct
05
2021
Ruling
Tax debt was nondischargeable as debtor's conduct in making large nonessential purchaseswhile fully aware of a significant tax liability showed a willful attempt to evade or defeat thetax. (Bankr. W.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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Court
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- 11 U.S.C.
Koessler, In re
Aug
02
2021
Ruling
Chapter 11 debtors' motion to value real property was denied as creditor's entire first mortgagelien was protected from modification. (Bankr. S.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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Court
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- 11 U.S.C.
B&G Crop Farms, LLC, In re
May
27
2021
Ruling
Credit union's claim was not shielded from modification because debtors' interest in a creditunion share account that secured the credit union's claim was personal property, not realproperty. (Bankr. W.D. Mich.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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- 11 U.S.C.
Brock, In re
May
10
2021
Ruling
Debtor could not extend the term of a loan secured by debtor's primary residence. (Bankr. N.D.Miss.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights
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- 11 U.S.C.
Wissel, In re--Wissel v. Deutsche Bank Nat’l Trust Co.
Sep
14
2020
Ruling
BAPCPA definitions of "debtor's principal residence" and "incidental property” expandedthe reach of Chapter 11 anti-modification provision to prevent cramdown of mortgage onprimary residence also used for business. (Bankr. D.N.J.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights
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Judge or Jurisdiction information not available
- 11 U.S.C.
Berkland, In re
Apr
06
2018
Ruling
Debtor was not prohibited from modifying a secured claim a mortgagee held against real property that was both the debtor's principal residence and rental property. (Bankr. D. Mass.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders' Rights Except Those Secured by Debtor’s Principal Residence.
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- 11 U.S.C.
In re Hoffmann
May
23
2016
Ruling
Debtor could not modify first mortgage on primary residence that included a guesthouse also used as part of the residence.
Issue(s)
Could debtor cram down a first mortgage secured by property other than the Debtor's principal residence, namely a detached 420 square foot guesthouse on the same parcel as the principal residence?
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Court
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- 11 U.S.C.
In re Crump
Apr
16
2015
Ruling
Confirmation denied due to impermissible loan modification.
Issue(s)
Could a chapter 11 plan that extended life of loan secured solely by debtor's principal residence and significantly altered the payment schedule be confirmed?
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Court
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