- 11 U.S.C.
Smith, In re
Sep
30
2021
Ruling
Debtor's Chapter 13 plan could not bifurcate claim fully secured by a principal residence.(Bankr. D.S.C.)
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.
Graham, In re
Sep
14
2021
Ruling
Objection to confirmation of debtors' Chapter 13 plan was overruled as debtors' pawn contracton their vehicle had not matured pre-petition so they retained legal title and possession of thevehicle when the bankruptcy was filed. (Bankr. S.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Lynch, In re
Jun
24
2021
Ruling
Chapter 13 plan provision for cramdown provisions of condominium association’s claimsecured by a security interest in debtor's 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.
Williams, In re
Jun
14
2021
Ruling
Confirmation of proposed Chapter 13 plan was denied where plan violated theantimodification provision by modifying creditor's claim secured only by her residence.(Bankr. D.S.C.)
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.
Porter, In re
Sep
23
2020
Ruling
Debtors could not avoid a creditor's second mortgage on their primary residence as thepetition-date value exceeded the amount owed on the first mortgage. (Bankr. E.D. Mich.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Womack, In re
Jun
09
2020
Ruling
Pawnshop's rights were subject to modification in proposed plan as the debtor’s contract hadnot matured as of the petition date. (Bankr. M.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Poole, In re
Sep
30
2019
Ruling
Chapter 13 debtors are allowed to modify the terms of notes that are wholly unsecured. (Bankr.E.D. Tenn.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Pugh, In re
Sep
03
2019
Ruling
Creditor's objection to Chapter 13 confirmation was sustained as both the mortgage's due-on-sale clause and 11 U.S.C. § 1322(b)(2) prevented him from modifying the bank's rights withoutthe bank's consent. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Gunn, In re
Jun
18
2019
Ruling
Undersecured mortgage creditor with debt secured by the debtor's principal residence couldrecover reasonable preconfirmation attorneys’ fees. (Bankr. N.D. Miss.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
United States v. Yurek
May
21
2019
Ruling
Evidence was sufficient to convict debtor of bankruptcy fraud as all of the elements of fraudwere present in the trial evidence. (10th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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:
Judge or Jurisdiction information not available