§ 1322

In re Tandy

A bankruptcy debtor's plan was confirmed and provided for interest on amounts due to secured creditors, but a creditor which purchased certificates of delinquency from a state for the debtor's unpaid property taxes sought the higher statutory interest rate set out in the certificates. The creditor objected to the order confirming the debtor's plan and moved to amend the plan.
Ruling: 
Creditor's interest rate was properly modified in debtor's confirmed plan since the taxed property was not the debtor's principal residence.
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In re Snowden

On October 15, 2005, debtor filed a bankruptcy case under chapter 13. An order was entered on November 28, 2005 granting a mortgagee's Motion to Annul the Automatic Stay with respect to debtor's foreclosed residential real estate that had been sold at a prepetition judicial sale. On March 9, 2006, debtor filed a Motion to Vacate Annulment of the Automatic Stay based on Fed. R. Civ. P. 60(b).
Ruling: 
Debtor's motion to vacate annulment of automatic stay regarding foreclosed principal residence was denied since section 1322(c)(1) did not permit debtor to toll right to redeem the foreclosed property for the life of the chapter 13 plan.
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In re Lybrand

The IRS filed a motion to lift the automatic stay to set off a tax refund. The debtors did not object to the motion to lift the automatic stay. The issue was whether the IRS could allocate a prepetition tax refund to offset the prepetition tax liability of its choice.
Ruling: 
Objection to plan confirmation was sustained, and the IRS was permitted to set off the debtor's refund against any tax liability, whether dischargeable or nondischargeable in nature.
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In re Sturgill

Debtors filed for chapter 13 bankruptcy protection. Creditors, a security interest holder in the debtor's mobile home and a security interest holder in the land on which the mobile home sat, objected to confirmation of the plan. The court held a confirmation hearing on the plan.
Ruling: 
Lien of a creditor holding a security interest in a mobile home could not be modified under a proposed chapter 13 plan because the lien was on the debtors 'principal residence, but the lien on the land on which the home sat could be modified by the plan.
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In re Robinson

Debtor filed a voluntary chapter 13 bankruptcy petition. Before the court were Objections to Confirmation of two creditors.
Ruling: 
Court ruled that the debtor could modify the interest rates that secured creditors received in a chapter 13 case.
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In re Evans

In a chapter 13 bankruptcy case, debtors objected to a proof of claim filed by creditor, a mortgagee. More specifically, they objected to the extent of creditor's claim. The court conducted a hearing on the objection.
Ruling: 
Court sustained debtors' objection to some of a creditor mortgagee's proof of claim for attorneys'fees and costs since the creditor could not make a secured arrearage claim under section 1322(e) if the fees and costs did not first qualify as part of a secured claim under section 506(b).
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In re Goodell

Debtor filed a chapter 13 bankruptcy petition. The chapter 13 trustee moved to dismiss the case. Debtor objected to a proof of claim filed by creditor IRS.
Ruling: 
Trustee's motion to dismiss the debtor's chapter 13 case was granted since the debtor did not fully fund the IRS's priority claim or provide enough for unsecured creditors in the debtor's plan.
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Griffey v. U.S. Bank (In re Griffey)

Plaintiffs, debtors, appealed an order of the bankruptcy court that denied their motion for reconsideration and entry of default. The debtors had brought a complaint against defendant creditor to "strip off" the creditor's second mortgage on their primary residence. Although the creditor did not respond, the bankruptcy court dismissed the complaint based on its interpretation of 11 U.S.C. § 1322(b)(2).
Ruling: 
Court reversed an order dismissing the debtor's lawsuit against a creditor because the lien holder's unsecured claim could be modified by the debtor's chapter 13 plan.
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In re Tudor

A bankruptcy debtor's confirmed chapter 13 plan provided for cure of the debtor's mortgage default, and the mortgagee filed a proof of claim for mortgage arrearage. The debtor objected to the mortgagee's claim to the extent that the claim included amounts for attorney fees and costs related to state court foreclosure proceedings.
Ruling: 
Mortgagee was denied an attorneys' fees claim since the Code designated that state law governed the claim and Ohio state law precluded enforcement of the mortgage's attorneys'fee provision.
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In re Mulkey

After filing for chapter 13 bankruptcy protection, the debtors proposed a plan that provided for disparate treatment of unsecured creditors, namely the debtors proposed paying a higher amount on educational loans than on the debts owed to other unsecured creditors. The chapter 13 trustee objected to the confirmation of the debtors' plan under 11 U.S.C. § 1322, alleging that it discriminated unfairly against general unsecured claims.
Ruling: 
Debtors were denied confirmation of their chapter 13 plan where the plan unnecessarily favored education loan creditors over other unsecured creditors.
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