- 11 U.S.C.
Stallard v. Charter One (In re Stallard)
Oct
02
2012
Ruling
Wholly unsecured junior lien could be stripped off if debtor fully performed under confirmed plan.
Procedural posture
Debtors brought this action pursuant to 11 U.S.C.S. § 506(a), (d), and Fed. R. Bankr. P. 3012, 7001(2) seeking to determine the value of defendant creditor's interest in debtor's residential real estate and to determine the status of the creditor's claim. The matter came before the court for hearing upon proper notice.
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Court
:
- 11 U.S.C.
In re Smith
Sep
25
2012
Ruling
Fact that non-debtor spouse did not sign mortgage on entireties property did not justify reduction of mortgage debt in plan, which could not be confirmed.
Procedural posture
A bankruptcy debtor proposed a plan which provided for full payment of a creditor's mortgage against the debtor's residence which the debtor substantially reduced because the debtor's spouse as a co-owner of the residence did not execute the mortgage. The creditor objected to confirmation of the debtor's plan.
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Court
:
- 11 U.S.C.
In re Hymel
Sep
13
2012
Ruling
Creditor's claim in increased amount from that claimed in stipulation disallowed on debtor's objection.
Procedural posture
After a creditor filed a stay relief motion alleging a payment default, the parties entered into a stipulation. The chapter 11 debtor objected to the creditor's claim in an increased amount, contending that the stipulation addressed and resolved the question of postpetition arrearages.
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Court
:
- 11 U.S.C.
In re Fox
Sep
04
2012
Ruling
Objection to confirmation sustained where there was value securing creditor's lien which plan proposed to treat as unsecured.
Procedural posture
Before the court was a creditor's objection to debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
Wallingford v. Green Tree Servicing LLC
Aug
31
2012
Ruling
Sustaining of objection to confirmation overruled where title to mobile home securing lien creditor claimed was protected from modification had never been surrendered.
Procedural posture
Appellant debtors challenged orders of the United States Bankruptcy Court for the Southern District of Ohio, which sustained an objection to confirmation of their chapter 13 Plan and denied their motion for reconsideration.
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Court
:
- 11 U.S.C.
Hernandez-Torres v. Charter One Bank (In re Hernandez-Torres)
Aug
13
2012
Ruling
Debtor could strip off lien that exceeded value of residential property.
Procedural posture
Plaintiff chapter 13 debtors filed a complaint pursuant to 11 U.S.C.S. § 506(a) and (d) and Fed. R. Bankr. P. 3012 and 7001(2) against defendant bank, seeking to determine the value of the bank's interest in the debtors' residential real estate and to determine the status of the bank's claim.
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Court
:
- 11 U.S.C.
Bynum v. CitiMortgage Inc. (In re Bynum)
Jul
20
2012
Ruling
Deed of trust did not create security interest in escrow funds but solely against residence, precluding modification.
Procedural posture
Plaintiff bankruptcy debtors brought an adversary proceeding against defendant creditor secured by a deed of trust against the debtors' principal residence, seeking a valuation of the residence for purposes of modifying the creditor's secured claim into secured and unsecured claims. The creditor moved to dismiss the complaint.
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Court
:
- 11 U.S.C.
Poe v. Wells Fargo Bank (In re Poe)
Jul
09
2012
Ruling
Wholly unsecured second lien could be stripped off and avoided upon completion of plan.
Procedural posture
Plaintiffs, chapter 13 debtors, filed an adversary proceeding against defendant creditor to avoid a junior lien on their real property under 11 U.S.C.S. § 1322(b)(2), contending that the junior lien was wholly unsecured under 11 U.S.C.S. § 506(a). They sought summary judgment.
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Court
:
- 11 U.S.C.
Mullins v. Wells Fargo Bank (In re Mullins)
Jul
03
2012
Ruling
Secured claim based on unambiguous deed of trust could not be modified.
Procedural posture
Chapter 13 debtors, who owned and resided in a residence, alleged that the value of the residence does not exceed $41,000, and moved to modify the secured claim of defendant mortgagee, by reducing the value of its secured claim to $41,000, pursuant to 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Hinkle
Jul
02
2012
Ruling
Confirmation denied where modification of undersecured claim secured by residential and commercial property would not be cured through plan.
Procedural posture
Debtor filed a chapter 13 bankruptcy petition and proposed plan. Timely objections to confirmation of the Plan were filed by creditor bank, holder of an oversecured claim.
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Court
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