- 11 U.S.C.
In re Vollman
Mar
21
2008
Ruling
Debtor could not discriminate against nonpriority unsecured creditors with co-obligors.
Procedural posture
A debtor filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed amended plan. A creditor filed an objection to the amended plan.
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Court
:
- 11 U.S.C.
In re Williams
Mar
17
2008
Ruling
Debtor could not modify plan to reduce allowance of super-priority claim.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code. An order was entered confirming the debtor's amended chapter 13 plan. The debtor filed a motion to modify the plan to allow for a claim of the Illinois Department of Healthcare and Family Services (IDHFS) at 10% of the allowed claim, pursuant to 11 U.S.C.S. § 1322(a)(4).
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Court
:
- 11 U.S.C.
In re Anderson
Feb
12
2008
Ruling
Confirmation denied where conditions impermissibly modified lender's rights.
Procedural posture
Bankruptcy debtors proposed a plan which dealt with claims of lenders secured by the debtors' principal residence, and the lenders objected to confirmation of the debtors' plan on the ground that it modified and impaired the lenders' rights in violation of 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Brown
Jan
22
2008
Ruling
Attorneys' fees calculated by loadstar method awarded in reduced amount where representation was routine aside from stay litigation that conferred little benefit on the estate.
Procedural posture
An attorney for bankruptcy debtors applied for an award of fees for work performed by the attorney in defending against a motion for relief from the bankruptcy stay filed by a mortgage creditor of the debtors. The bankruptcy trustee objected to the fee application on the ground that the requested fee amount was excessive.
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Court
:
- 11 U.S.C.
In re Logan
Dec
14
2007
Ruling
Debtor could modify secured claim against mobile home residence located on property in which debtor had no ownership interest.
Procedural posture
A chapter 13 debtor filed an objection to a creditor's fully-secured proof of claim, asserting that the "hanging paragraph" at the end of 11 U.S.C. § 1325(a) did not apply. The creditor filed an objection to the confirmation of the debtor's plan.
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Court
:
In re Novak
Dec
12
2007
Ruling
Repayment of 401(k) loan should be prorated.
Procedural posture
Objector, the chapter 13 trustee, opposed confirmation of a chapter 13 plan proposed by debtor to the extent that it allocated but did not prorate the funds needed to repay debtor's loan to her section 401k plan. At issue was whether such treatment was proper under 11 U.S.C. § 1322(f) and 11 U.S.C. § 1325.
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Court
:
In re Harris
Nov
16
2007
Ruling
Creditor not entitled to payment of interest on interest where not provided for in underlying agreement.
Procedural posture
The debtor moved for confirmation of his uniform chapter 13 plan and for valuation of collateral. The mortgage creditor objected to the plan. At issue was whether the agreement between the debtor and that creditor provided for interest to be earned on arrearage of unpaid interest on the loan.
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Court
:
In re Kasco
Nov
08
2007
Ruling
Tax sale purchase treated as secured claim which could be paid during term of plan.
Procedural posture
A purchaser of real property taxes owed by chapter 13 debtors filed a motion for modification of the automatic stay in order to proceed in state court against the debtors.
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Court
:
- 11 U.S.C.
In re Machado
Nov
06
2007
Ruling
Confirmation denied due to failure to channel cure payments through trustee.
Procedural posture
The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 trustee objected because the plan: (1) discriminated in favor of nondischargeable student loan debt and against other nonpriority unsecured debt, and (2) excluded certain cure-and-maintain payments on long-term unsecured debt from the chapter 13 trustee's statutory compensation.
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Court
:
In re Fuller
Nov
02
2007
Ruling
Security interest in mobile home, but not in real property where located, was not protected from modification.
Procedural posture
Defendant debtor moved to dismiss an involuntary chapter 7 petition that was filed against him under 11 U.S.C. § 303 on the ground that he was not eligible to be a debtor based on his failure to comply with the credit-counseling prerequisite in 11 U.S.C. § 109(h)(1). At issue was whether a debtor against whom such an involuntary petition had been filed must comply with that prerequisite.
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Court
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