- 11 U.S.C.
In re Fells
Oct
23
2007
Ruling
Lien on mobile home that was debtors' principal residence could not be bifurcated.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a proposed plan. A creditor filed an objection to the proposed plan. The court issued findings of fact and conclusions of law.
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Court
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- 11 U.S.C.
In re Oliveira
Oct
12
2007
Ruling
Security interest in manufactured home but not in underlying real property was not protected from modification.
Procedural posture
Two debtors filed separate actions under chapter 13, and plans for repaying their creditors. A creditor filed an objection to both plans, claiming that the debtors should not be allowed to bifurcate a secured claim the creditor held on each home into secured and unsecured portions because the debtors used the homes as their principal residence.
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Court
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- 11 U.S.C.
In re Oliveira
Oct
11
2007
Ruling
Loans secured by security interest in manufactured homes, but not real property on which they were situated, were not protected from bifurcation.
Procedural posture
A creditor objected to the confirmation of debtors' chapter 13 plans proposed in their respective cases. The creditor contended that its debts, which were secured only by perfected security interests in the debtors'manufactured homes but not by the real property upon which the homes were situated, was protected from modification under 11 U.S.C. § 1322(b)(2).
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Court
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Frazer v. Drummond (In re Frazer)
Sep
27
2007
Ruling
Bankruptcy court erred in holding debtors were required to cure default under real estate contract within 60 days of filing.
Procedural posture
Appellant debtors filed a petition under chapter 13, and a plan for paying their creditors. Appellees, a trustee who was appointed to represent the bankruptcy estate and a creditor, filed objections to the debtors'amended plan for paying their creditors, and the Bankruptcy Court for the District of Montana sustained the objections and denied confirmation. The debtors appealed.
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Bartolome
Sep
21
2007
Ruling
Claim secured by mobile home that was not real property under state law was not protected from bifurcation.
Procedural posture
A creditor filed an objection to confirmation of debtor's chapter 13 plan.
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Court
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In re Lasowski
Sep
14
2007
Ruling
Plan confirmed over trustee's objection as court could not require proration of 401(k) loan payments even though loans would be paid off before plan completion.
Procedural posture
A chapter 13 trustee objected to the confirmation of the plan of an above- median debtor. Because the debtor would pay off her 401(k) loan obligations before the completion of the proposed plan, the trustee objected to the debtor claiming a full deduction for the monthly loan payments.
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Court
:
In re Hendrick
Sep
04
2007
Ruling
Court declined to extend date for plan completion to allow for discharge where debtor had missed seven payments.
Procedural posture
Debtor asked the court to exercise its equitable powers to allow her to obtain a chapter 13 discharge by extending the date for completion of her chapter 13 plan payments. The chapter 13 trustee moved to dismiss the case, alleging that she was $15,000 in arrears on her payments.
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Court
:
- 11 U.S.C.
In re Edmunds
Aug
31
2007
Ruling
Lien on property in which there was equity could not be modified.
Procedural posture
A creditor held a judgment lien against the debtors. The debtors filed a motion to strip off the lien pursuant to 11 U.S.C. § 522(f). The debtors contended that the lien impaired their homestead exemption. The debtors further contended that the creditor's claim was unsecured and thus could be stripped off under section 522(f).
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Court
:
- 11 U.S.C.
In re McLain
Aug
30
2007
Ruling
Whether a mobile home is to be considered real property is determined by state law.
Procedural posture
The debtor filed for relief under chapter 13. The debtor owned a mobile home and the creditor was listed as the secured creditor for the mobile home. The creditor objected to the debtor's proposed chapter 13 plan, pursuant to 11 U.S.C. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Bardell
Aug
10
2007
Ruling
Prepetition foreclosure terminated debtor's right to cure default through plan.
Procedural posture
Debtor had defaulted on his mortgage loan, and a trustee under a deed of trust conducted a foreclosure sale. Two days later, debtor filed for chapter 13 relief. Debtor sought to undo the foreclosure sale and cure his mortgage arrearage in his proposed plan. The Bankruptcy Court for the Northern District of West Virginia ruled debtor was not entitled to cure his mortgage default or to avoid the prepetition foreclosure sale. Debtor appealed.
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Court
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