- 11 U.S.C.
In re Wilcox
Sep
07
2010
Ruling
Modification of second mortgage that reflected prior agreement did not prevent confirmation of plan.
Procedural posture
Pending before the court was the debtor's second amended chapter 13 plan including valuation of collateral and classification of claims and the chapter 13 trustee's objection to confirmation of the plan pursuant to 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Golash
Apr
12
2010
Ruling
Interest rate could be modified where loan would mature before completion of plan which would pay present value of claim in equal monthly installments.
Procedural posture
A creditor filed an objection to confirmation of a chapter 13 plan on the grounds that it sought to modify the contractual interest rate of a mortgage that the creditor held on the debtor's principal residence in violation of 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Burnett
Apr
02
2010
Ruling
Completion of chapter 13 plan to discharge was not a requirement for stripping junior lien.
Procedural posture
The chapter 13 trustee and the debtor's counsel disagreed over the terms to be included in the debtor's confirmation order. The debtor argued she was not required to complete the plan and obtain a discharge to be allowed to strip off a junior trust deed lien.
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Court
:
- 11 U.S.C.
In re Aubuchon
Mar
04
2010
Ruling
Avoidance of second deed of trust denied given sufficient equity in subject property.
Procedural posture
Debtors filed a voluntary petition under chapter 13. Debtors moved for valuation of their residence and for avoidance of a second deed of trust held by a credit union.
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Court
:
- 11 U.S.C.
In re Bradsher
Feb
16
2010
Ruling
In state where escrow funds were considered personal property, bank's claim was not secured solely by real property that was debtor's residence and could be modified.
Procedural posture
A bank creditor objected to confirmation of the chapter 13 plan proposed by debtor on the ground that debtor was attempting to modify its secured claim in contravention of the anti- modification provision of 11 U.S.C.S. § 1322(b)(2). The creditor also objected to debtor's $ 22,780 valuation of her residence.
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Court
:
- 11 U.S.C.
In re Vallejo
Feb
09
2010
Ruling
Deed of trust voided where there was no equity in subject property.
Procedural posture
Before the court was debtors' motion to value their residence and to avoid the second deed of trust of a creditor. At issue was whether any equity was available to partially secure the second deed of trust, which would bring into play the anti-modification protection of 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
Leff v. Herrera (In re Herrera)
Jan
05
2010
Ruling
Additional reporting obligation placed on mortgagees as part of plan were not impermissible modifications.
Procedural posture
Appellee debtors filed separate petitions under chapter 13 of the Bankruptcy Code, and appellant mortgagees filed objections to plans the debtors proposed, claiming that the debtors' use of Bankr. C.D. Cal. Form 3015-1.1A violated the Real Estate Settlement Procedures Act (RESPA) and 11 U.S.C.S. § 1322(b)(2). The U.S. Bankruptcy Court for the Central District of California confirmed the debtors' plans, and the mortgagees appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Roemer
Dec
28
2009
Ruling
Debtor could modify claim secured by condominium that was not debtor's primary residence.
Procedural posture
Debtor sought a ruling that her plan could treat the claim of a bank secured by debtor's condominium as secured only to the extent of the value of that property. Pending were debtor's motion for summary judgment, and the bank's motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Brammer
Dec
16
2009
Ruling
Anti-modification provision did not extend to determine eligibility for chapter 13 relief.
Procedural posture
Before the court was the chapter 13 trustee's motion to dismiss debtors' bankruptcy case with prejudice based on 11 U.S.C.S. §§ 101(30), 109(e), ineligibility and bad faith. The court limited this decision to determining whether grounds existed for dismissing the case based on ineligibility under 11 U.S.C.S. § 109(e)'s debt limitation provision.
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Court
:
- 11 U.S.C.
Hammond v. Allegheny County Treasurer (In re Hammond)
Dec
15
2009
Ruling
Debtor could redeem property sold at sheriff's sale and strip down local tax liens as part of chapter 13 plan.
Procedural posture
Plaintiff bankruptcy debtor brought an adversary proceeding against defendant local taxing agencies seeking a determination of the secured status of tax liens after the debtor's planned redemption of real property which was sold at a sheriff's sale for unpaid taxes. The agencies contended that the debtor lacked standing to attempt to strip the agencies' tax liens.
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Court
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