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§ 1225(a)(5)(B)

Topp, In re--Farm Credit Servs. of Am. v. Topp

Aug
02
2023
Ruling
Bankruptcy court erred in its determination that a 4% discount rate was sufficient to ensurefull payment on the value, as of the effective date of the plan, of the secured claim. (8th Cir.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 02, 2023 , LexisNexis #0923-069
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Topp, In re

Sep
16
2021
Ruling
Court applied the treasury bond as base rate where the secured creditor held notes andmortgages against real estate. (Bankr. S.D. Iowa)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on September 16, 2021 , LexisNexis #1121-020
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Spindler, In re

Dec
28
2020
Ruling
Re-amortized secured debt could be paid directly to the creditor as factors supported debtorspaying directly. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of

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Consumer opinion summary, case decided on December 28, 2020 , LexisNexis #0221-046
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Fuelling, In re

May
01
2019
Ruling
Debtors' motion to use cash collateral was denied because a substitute lien in entirelydifferent collateral carried with it different risks than the lien for which creditor hadbargained. (Bankr. N.D. Iowa)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of

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Consumer opinion summary, case decided on May 01, 2019 , LexisNexis #0719-045
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In re Howe Farms LLC

Oct
16
2014
Ruling
Confirmation of plan proposing cram down of interest rate and payment of loan as long-term debt with twelve-year amortization and seven-year balloon payment denied.
Issue(s)
Could chapter 12 debtors' plan be confirmed over creditor bank's objection?

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Commercial opinion summary, case decided on October 16, 2014 , LexisNexis #1114-057
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In re Standley

Mar
22
2013
Ruling
Confirmation denied as proposed term of payment was too long.
Procedural posture

Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors. After the debtors failed to make a payment that was due under their original plan, they filed an amended plan and asked the court to confirm their amended plan. Two banks that held claims against the debtors' property filed a motion to dismiss the debtors' case and an objection to confirmation of the debtor's second amended plan.

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Consumer opinion summary, case decided on March 22, 2013 , LexisNexis #0413-134
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In re Bolender

Jul
20
2011
Ruling
Till rate of interest was appropriate in chapter 12 plan.
Procedural posture

In a chapter 12 case, a bank objected to confirmation of the debtor's plan. The parties disputed the appropriate interest rate under 11 U.S.C.S. § 1225(a)(5)(B)(ii).

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Consumer opinion summary, case decided on July 20, 2011 , LexisNexis #0911-096
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In re Hudson

Mar
15
2011
Ruling
Chapter 12 plan confirmed as feasible given property and commitment from supplier to provide poultry.
Procedural posture

Debtors declared chapter 12 bankruptcy in October 2008, and they filed an amended plan for repaying their creditors and asked the court for permission to utilize funds held by the bankruptcy trustee and to incur credit. A secured creditor filed an objection to confirmation of the debtors' amended plan.

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Consumer opinion summary, case decided on March 15, 2011 , LexisNexis #0511-028
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In re Wilson

Feb
07
2007
Ruling
Confirmation denied due to farmer debtor's failure to provide creditor trust with interest at prime rate plus risk factor.
Procedural posture

Two cases were filed, one by two individual debtors and one by an LLC. Pending in the jointly administered chapter 12 bankruptcy cases were confirmation of debtors'chapter 12 Plans and objections thereto filed by two creditors, namely a revocable trust and a second creditor. Also pending was debtors' motion for valuation of the second creditor's security. The trust also sought dismissal. A separate Order addressed its judicial notice request.

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opinion summary, case decided on February 07, 2007 , LexisNexis #0307-031
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