- 11 U.S.C.
Lazaro, In re
May
12
2023
Ruling
Confirmation would not violate a creditor's rights as the debtor was trying to stay in his home and pay off arrears and the mortgage lender was seeking the benefit of its bargain. (Bankr. E.D. Pa.)
Issue(s)
Contents of Plan.
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Court
:
- 11 U.S.C.
Simmons, In re--Simmons v. Pingora Loan Serv. LLC
Apr
04
2023
Ruling
Creditor's right to full repayment, whether from insurance proceeds or otherwise, prior to releasing lien, could not be modified in Chapter 13 case. (Bankr. N.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Lyles, In re
Mar
17
2023
Ruling
Debtor was permitted to bifurcate the bank's claim as the mortgage was not secured by his principal residence. (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.
Lyles, In re
Mar
17
2023
Ruling
Debtor was permitted to bifurcate the bank's claim as the mortgage was not secured by his principal residence. (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
Ingram, In re
Mar
15
2023
Ruling
Court did not find necessary cause to extend the term of a Chapter 13 plan beyond thirty-six months for the below-median debtor given the tremendous discrepancy between the value of the asset being preserved and the high cost to debtor and estate. (Bankr. N.D. Ala.)
Issue(s)
Contents of Plan; Duration of Payments.
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Court
:
- 11 U.S.C.
Berry, In re
Mar
13
2023
Ruling
Bank that filed a secured claim forfeited any right to challenge the bankruptcy court's jurisdiction or argue that the plan's treatment of the claim was proposed in bad faith, forbidden by law, or infeasible. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
Berry, In re
Mar
13
2023
Ruling
Bank that filed a secured claim forfeited any right to challenge the bankruptcy court's jurisdiction or argue that the plan's treatment of the claim was proposed in bad faith, forbidden by law, or infeasible. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
Marcano, In re
Feb
23
2023
Ruling
Bifurcation of the proof of claim into secured and unsecured portions and modification of the mortgage interest rate constituted an impermissible modification. (Bankr. D.P.R.)
Issue(s)
Contents of Plan.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Peck, In re
Jan
12
2023
Ruling
Creditor's objection to confirmation of debtor's Chapter 13 plan overruled as the land did notmeet the requirements of the narrow cramdown exception. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Bozeman, In re--Mortgage Corp. of the South v. Bozeman
Jan
10
2023
Ruling
Debtor's confirmed plan could not modify the rights of a mortgage lender whose claim wassecured by the debtor's principal residence by providing for release of the homesteadmortgagee's lien before the mortgagee had recovered the full amount owed. (11th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
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Judge or Jurisdiction information not available