- 11 U.S.C.
Battershell, In re
May
14
2019
Ruling
Court had no ability to recharacterize loan payoff as a loan purchase. (Bankr. D.N.M.)
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.
Guice, In re
Feb
28
2019
Ruling
Anti-modification protections did not apply to debtor's proposed cramdown as creditor wassecured by both a security interest and a judgment lien against the debtor's condo. (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.
Heiser, In re
Feb
24
2019
Ruling
Debtor was allowed to treat creditor's installment land contract as a residential mortgage thatcan be cured during the plan's five-year term. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Recinos
Sep
28
2018
Ruling
Plan was subject to anti-modification prohibition as it specifically asserted that the propertyat issue was the debtor's principal residence rather than an investment property. (Bankr. D.Nev.)
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.
Hansen, In re
Sep
25
2018
Ruling
Confirmation of debtors' chapter 13 plan was granted as debtor did not impermissibly modify his secured claim because the lien was not a security interest but rather a nonconsensual statutory mechanic's lien. (Bankr. N.D. Iowa)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Monahan, In re--Monahan v. Fore River, L.L.C.
Jul
20
2018
Ruling
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Craig, In re
Apr
30
2018
Ruling
Objection to plan was sustained where court found that the appraisal offered by debtors wasless reliable than that offered by the bank due to appraiser's mistake. (Bankr. D. Mass.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Bennett, In re--The Paddock, LLC v. Bennett
Apr
19
2018
Ruling
Bankruptcy court did not err in concluding that, under Iowa law, debtors' manufactured home was personal property and therefore the antimodification provision did not apply. (B.A.P. 8th Cir.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Northington, In re--Max v. Northington
Dec
11
2017
Ruling
Bankruptcy court was not authorized to modify a creditor's claim where the car ceased to beproperty of the bankruptcy estate upon the expiration of the redemption period. (11th Cir.)
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.
Palmer, In re--Palmer v. Real Time Sols.
Oct
20
2017
Ruling
Chapter 13 debtors allowed to strip off a junior lien on their residential property as the lien was wholly unsecured. (Bankr. D. Neb.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
: