- 11 U.S.C.
In re Monson
Dec
07
2009
Ruling
Plan calling for payment of mortgage over course of 57 months confirmed over mortgagee's objection.
Procedural posture
This matter came before the court for an evidentiary hearing on the confirmation of the debtor's amended chapter 13 plan and an objection filed by a mortgagee on the debtor's residence.
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Court
:
- 11 U.S.C.
In re Finley
Jul
21
2009
Ruling
Debtor could not surrender real property that was not primary residence in full satisfaction of mortgage debt.
Procedural posture
A mortgagee objected to the debtors' chapter 13 plan that proposed to surrender the real property that was not the debtor's principal residence in full satisfaction of the mortgagee's claim.
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Court
:
- 11 U.S.C.
Reinhardt v. Vanderbilt Mortg. & Fin. Inc. (In re Reinhardt)
Apr
29
2009
Ruling
Security interest in mobile home that was not considered real property under state law could be modified.
Procedural posture
Appellee debtors, filed for bankruptcy protection under chapter 13 and sought a cramdown of appellant creditor's secured claim. The creditor filed an objection. The United States Bankruptcy Court for the Southern District of Ohio overruled the objection and confirmed debtors' proposed plan. The creditor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Jordan v. Greentree Consumer Disc. Co. (In re Jordan)
Mar
27
2009
Ruling
Security interest in mobile home was subject to modification.
Procedural posture
Chapter 13 debtors sued defendant creditor, seeking to modify the creditor's rights pursuant to 11 U.S.C.S. § 506(d). The parties filed cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
Ennis v. Green Tree Servicing LLC (In re Ennis)
Feb
25
2009
Ruling
Claim secured by mobile home which was personal property rather than real property under state law was not protected from modification.
Procedural posture
Appellant debtors sought review of an order of the Bankruptcy Court for the Western District of Virginia sustaining appellee creditor's objection to the debtors' chapter 13 plan. The bankruptcy court held that the creditor's claim, which was secured by a lien on the debtors' mobile home, was protected under 11 U.S.C.S. § 1322(b)(2) from modification because the mobile home was real property that was the debtors' principal residence.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Booth
Jan
14
2009
Ruling
Plan could not preclude mortgage creditor's postpetition fees but could require application of payments as though loan was current.
Procedural posture
A bankruptcy debtor's chapter 13 plan included provisions which precluded the debtor's mortgage creditor from charging postpetition fees, and required the creditor to apply plan payments by deeming any pre-petition arrearages to be contractually current and notify the debtor and others concerning changes in payment amount. The creditor challenged these plan provisions and objected to confirmation of the plan.
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Court
:
- 11 U.S.C.
In re Dunn
Jan
09
2009
Ruling
Plan proposing sale of property as cure for prepetition mortgage default did not impermissibly modify lender's rights.
Procedural posture
Debtors filed a motion to confirm their chapter 13 plan, and a creditor bank objected to plan confirmation on the ground that the proposed plan impermissibly modified its rights in violation of 11 U.S.C.S. § 1322(b)(2). The bank also filed a motion for adequate protection payments pending confirmation.
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Court
:
- 11 U.S.C.
In re Patton
Nov
19
2008
Ruling
Plan could require mortgage creditors to apply payments as if prepetition default had not occurred.
Procedural posture
Chapter 13 debtors filed plans containing language objectionable to secured creditors, all of whom were home lenders. The plans' proposed language provided that the payments would be applied to the debtors' mortgage accounts as if the accounts were current and no prepetition defaults existed on the petition dates, and the creditors argued that those provisions impermissibly modified their secured liens in violation of 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
Armstrong v. Lasalle Bank Natl Assn
Oct
08
2008
Ruling
Bank could not claim retroactive postpetition, postconfirmation interest payment change where notice was not timely filed.
Procedural posture
Creditor filed a notice of post-petition payment change which provided for multiple payment changes over a period of years on the debtor's mortgage. The debtor filed an objection to the notice as being late filed and untimely and requested a finding that the creditor was limited to the monthly payment as provided for in the amended chapter 13 plan.
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Court
:
- 11 U.S.C.
In re McCullum
Sep
23
2008
Ruling
Intention to sell home did not entitle debtors to modify second mortgage nor did inclusion of fixtures and rents as additional security.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code, and a bank that held a second mortgage on the debtors' residence filed a proof of secured claim in the amount of $ 66,547. The debtors filed a motion to value the bank's claim, contending that the claim should be split into a secured claim in the amount of $ 45,842, and an unsecured claim in the amount of $ 20,704, pursuant to 11 U.S.C.S. § 506(a). The bank opposed the motion.
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Court
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