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§ 1322(b)(2)

Porter v. First Nat'l Bank of Omaha (In re Porter)

Ruling
Bank’s second lien on debtor’s residence could be treated as wholly unsecured. (Bankr. D. Neb.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on December 02, 2016 , LexisNexis #0117-025

In re Doyle

Ruling
Condominium associations lien could be stripped off as first mortgage exceeded value of thesubject property. (Bankr. M.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on November 23, 2016 , LexisNexis #1216-118

In re Sierra

Ruling
Confirmation denied due to proposed modification of interest rate on note secured bymortgage on debtors’ principal residence. (Bankr. S.D. Tex.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on October 27, 2016 , LexisNexis #1116-132

Henson v. Bank of Am., N.A. (In re Henson)

Ruling
Debtors could strip off wholly unsecured junior lien. (Bankr. D. Neb.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on October 26, 2016 , LexisNexis #1116-099

In re Pod

Ruling
Debtor could not strip off second mortgage where there was value in property in excess ofamount of first mortgage. (Bankr. E.D.N.Y.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on October 25, 2016 , LexisNexis #1116-098

Miller v. Citibank, N.A. (In re Miller)

Ruling
Partially secured mortgage on debtor’s primary residence could not be voided. (Bankr. E.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.

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Consumer opinion summary, case decided on October 13, 2016 , LexisNexis #1116-058

In re Coyle

Ruling
Undersecured loan secured by debtor’s residence and other property at the time it was issuedcould be bifurcated. (Bankr. D. Conn.)
Issue(s)
At what point in time does a court determine the collateral that secures the creditor's claim—at the time of the loan transaction or at the time the debtor files its bankruptcy case?

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Consumer opinion summary, case decided on September 30, 2016 , LexisNexis #1016-137

In re Tillman

Ruling
Fully secured second lien on property could not be modified. (Bankr. E.D.N.C.)
Issue(s)
Was second lien on debtor’s property fully secured or partially secured and subject to modification?

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Consumer opinion summary, case decided on September 30, 2016 , LexisNexis #1016-136

In re Rougier

Ruling
Creditor could not waive interest, fees and escrow payments to reach a balance that wouldallow loan to be fully secured by debtor’s property and prevent modification. (Bankr. D.R.I.)
Issue(s)
Could creditor’s second lien be treated as fully secured so as to be protected from modification?

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Consumer opinion summary, case decided on September 16, 2016 , LexisNexis #1016-135

In re Atchison

Ruling
Claim secured by manufactured home that was considered personal property under state lawcould be modified in plan. (Bankr. M.D. Ala.)
Issue(s)
Could loan secured by debtor’s manufactured home be modified in debtor’s chapter 13 plan?

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Consumer opinion summary, case decided on September 12, 2016 , LexisNexis #1016-031