- 11 U.S.C.
Brown, In re
Nov
15
2024
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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Court
:
- 11 U.S.C.
Durr, In re
Sep
09
2024
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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Court
:
Davis, In re
May
24
2024
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
- 11 U.S.C.
Ackerman, In re
May
01
2024
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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:
- 11 U.S.C.
Stevenson, In re
Nov
08
2023
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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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
- 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