- 11 U.S.C.
In re Clardy
Jun
12
2007
Ruling
Second mortgage partially secured by equity was not subject to modification in plan.
Procedural posture
Debtors filed a petition under chapter 13 and a proposed plan for paying their creditors. A corporation that held a second mortgage on the debtors'residence opposed the debtors'motion for confirmation of their plan. The case was tried by the court.
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Court
:
- 11 U.S.C.
In re Davis
May
24
2007
Ruling
Secured claim in mobile home protected by anti-modification provision.
Procedural posture
The debtors filed for relief under chapter 13 and filed an amended chapter 13 plan. The creditor, who had a perfected mortgage in the debtors'real property and a perfected security interest in the debtors'mobile home, filed an objection to confirmation of the amended plan.
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Court
:
- 11 U.S.C.
In re Dominique
May
14
2007
Ruling
Lender waived anti-modification rights by failing to provide debtor with annual notices of escrow increases.
Procedural posture
Chapter 13 debtors moved to determine that postpetition escrow account increases raised by its primary residential lender were dischargeable. The lender asserted that the postpetition obligations secured by debtors'residence could not be modified under 11 U.S.C. § 1322(b)(2), although the lender had not given annual escrow notices to debtors as required by 24 C.F.R. § 3500.17(f).
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Court
:
- 11 U.S.C.
Cox v. Beneficial Neb. Inc. (In re Cox)
Apr
09
2007
Ruling
Debtors could strip of wholly unsecured lien on real property pursuant to chapter 13 plan.
Procedural posture
The debtors filed a motion to determine the status of the automatic stay in their chapter 13 bankruptcy case.
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Court
:
- 11 U.S.C.
Eastern Savings Bank v. LaFata (In re LaFata)
Apr
03
2007
Ruling
Banktuptcy court properly bifurcated mortgage claim secured by two lots where home was mistakenly built on dividing property line.
Procedural posture
Before the court were two appeals. In the first, appellant bank challenged an order of the District Court for the District Court of Massachusetts which allowed the bifurcation of appellee debtor's chapter 13 claims. The bank also appealed an order of the Bankruptcy Appellate Panel of the First Circuit (Panel) which denied its Fed. R. Civ. P. 60(b) motion seeking reconsideration of three orders decided in the debtor's favor.
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- 11 U.S.C.
In re Cartwright
Mar
23
2007
Ruling
Confirmation denied as state court reformation of mortgage to cover two tracts of land prevented debtor from proposing to make payments on one tract and surrender the other.
Procedural posture
A secured creditor objected to confirmation of a debtor's proposed first amended plan of reorganization under chapter 13.
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Court
:
- 11 U.S.C.
Craig-Likely v. Wells Fargo Home Mortg. (In re Craig-Likely)
Mar
02
2007
Ruling
Mortgage creditor waived right to claim postpetition escrow deficiency due to failure to provide debtor with notice of changes in payments.
Procedural posture
Appellant chapter 13 debtor sought review of an order issued by the bankruptcy court, which denied the debtor's motion to foreclose appellee mortgagee from asserting a postpetition arrearage claim that resulted from a deficiency in the escrow account for insurance premiums and tax payments.
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Court
:
- 11 U.S.C.
In re Turner-Mayo
Feb
08
2007
Ruling
Plan rate of interest controlled over higher note rate where creditor's proof of claim contained the erroneous lower rate but there had been no objection to confirmation.
Procedural posture
Before the court in a chapter 13 case was debtor's objection to a mortgage creditor's Proof of Claim.
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Court
:
- 11 U.S.C.
In re Wegscheid
Jan
29
2007
Ruling
Wholly unsecured creditor's lien could be stripped off upon plan completion.
Procedural posture
The debtor's chapter 13 plan provided that a creditor's second lien would be treated as a general unsecured claim and discharged upon completion of the plan. The debtor completed all plan payments and obtained a discharge. The debtor then filed a motion to avoid the creditor's lien under 11 U.S.C. §§ 506(a) and 1322(b)(2), and the creditor objected to the motion.
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Court
:
- 11 U.S.C.
In re Shepherd
Nov
03
2006
Ruling
Mobile home qualified as "debtor's principal residence" so that anti-modification provisions applied.
Procedural posture
Creditor objected to the confirmation of chapter 13 debtor's plan.
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Court
: