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§ 1322

Mission Hen, LLC v. Lee

Ruling
Claim that matured during the plan’s term was subject to modification and could be bifurcated. (9th Cir.)
Issue(s)
Contents of Plan.

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Commercial opinion summary, case decided on May 22, 2025 , LexisNexis #0725-097

Brown, In re

Ruling
Debtor's motion to strip off credit union's junior lien on his principal residence was denied due to failure to prove the property's value was less than the amount of the senior lien. (Bankr. D.S.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on November 15, 2024 , LexisNexis #0225-072

Durr, In re

Ruling
Debtor's plan did not unfairly discriminate against a designated class of creditors as payments to the IRS were being made by the debtor's non-filing spouse outside the plan with funds the debtor's unsecured creditors would not be entitled to receive. (Bankr. M.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured Claims.

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Consumer opinion summary, case decided on September 09, 2024 , LexisNexis #1124-072

Plevyak, In re

Ruling
Chapter 13 plan was not confirmable as debtor never requested that the court find "cause" to approve his plan extending beyond 36 months and there was nothing in the record to make a finding of "cause" as was required. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Duration of Payments; 3 to 5 Years.

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Consumer opinion summary, case decided on September 06, 2024 , LexisNexis #1124-073

Robinson, In re

Ruling
Bankruptcy court allowed debtors to cure default on real estate installment contract throughChapter 13 plan, overruling creditor's objections. (Bankr. C.D. Ill.)
Issue(s)
Contents of Plan; Determination of Amount Necessary to Cure Default.

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Consumer opinion summary, case decided on June 27, 2024 , LexisNexis #0924-022

Davis, In re

Ruling
Chapter 13 plan violated the automatic stay as it proposed to pay one percent interest on thestudent loan debt without provision for full payment of all allowed claims. (Bankr. D.N.M.)
Issue(s)
Contents of Plan; Discretionary Provisions.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 24, 2024 , LexisNexis #0724-068

Ackerman, In re

Ruling
Debtor could pay creditor's claim as one on which the last payment was due after the date onwhich the final payment under the plan was due. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Discretionary Provisions; Curing of Default and Maintenance of

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Consumer opinion summary, case decided on May 01, 2024 , LexisNexis #0724-024

Lee, In re--Mission Hen, LLC v. Lee

Ruling
Bankruptcy court did not err in allowing Chapter 13 debtors to bifurcate a claim that wassecured by a junior lien on debtors' residence and treat part of its claim as unsecured. (B.A.P.9th Cir.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 13, 2023 , LexisNexis #0124-046

Stevenson, In re

Ruling
Chapter 13 plan may modify the rights of holders of secured claims. (Bankr. E.D. Va.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on November 08, 2023 , LexisNexis #0124-045

Mahler, In re

Ruling
Disbursement of payments by the trustee to the mortgage lender, rather than direct payments by the debtor, offered a greater likelihood of achieving the debtor's goals for her Chapter 13 plan. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Mandatory Provisions.

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Consumer opinion summary, case decided on June 07, 2023 , LexisNexis #0823-018