- 11 U.S.C.
In re Anderson
Sep
05
2014
Ruling
Plan could not propose to pay pre-default rate of interest on post-petition home mortgage debt.
Issue(s)
Could plan proposing to pay predefault rate of interest on home mortgage debt be confirmed?
ABI Membership is required to access the full summary of In re Anderson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Minnesota Hous. Fin. Agency v. Schmidt (In re Schmidt)
Aug
28
2014
Ruling
Chapter 13 plan reclassifying third mortgage claim as unsecured and avoidable affirmed.
Issue(s)
Whether the debtor could strip off a third mortgage that is secured only by the debtor's principal residence and the value of the residence is insufficient to make whole the holders of the first and second mortgages?
ABI Membership is required to access the full summary of Minnesota Hous. Fin. Agency v. Schmidt (In re Schmidt) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Dekoning
Aug
27
2014
Ruling
Junior lien could not be treated as unsecured based on fair market value of property.
Issue(s)
Whether a bank's junior lien was wholly unsecured and could be treated as a general unsecured claim in debtors' chapter 13 plan.
ABI Membership is required to access the full summary of In re Dekoning Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Abdosh v. IndyMac Mortg. Corp. (In re Abdosh)
Jul
30
2014
Ruling
Debtors could not bifurcate claim secured by mortgage lien on primary residence into secured and unsecured claims.
Issue(s)
Could debtors bifurcate a partially secured claim against their residence into secured and unsecured portions?
ABI Membership is required to access the full summary of Abdosh v. IndyMac Mortg. Corp. (In re Abdosh) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Smith
Jul
23
2014
Ruling
Debtor's plan could not strip off second lien that retained in rem viability under state law.
Issue(s)
Whether a provision in debtor's chapter 13 plan can be confirmed when it proposes to extinguish a wholly unsecured junior lien on her residence?
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Alexander v. JPMorgan Chase Bank (In re Alexander)
Jul
23
2014
Ruling
Debtors could avoid second mortgage where first mortgage debt was greater than the value of the debtors' residence.
Issue(s)
Was second lien on debtor's residence subject to being stripped off based on value of property?
ABI Membership is required to access the full summary of Alexander v. JPMorgan Chase Bank (In re Alexander) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Cain
Jul
14
2014
Ruling
Bankruptcy court erred in holding that debtor could not strip off wholly unsecured mortgage on primary residence in a chapter 13 case filed four years after a chapter 7 discharge.
Issue(s)
Whether a debtor may strip off a wholly unsecured, inferior mortgage lien on the debtor's primary residence in a chapter 13 case filed less than four years after having received a chapter 7 discharge.
ABI Membership is required to access the full summary of In re Cain Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bradshaw v. Asset Ventures LLC (In re Bradshaw)
Jun
04
2014
Ruling
Debtor could modify security interest in escrow account asserted in deed of trust.
Issue(s)
Could chapter 13 debtor modify a security interest in an escrow account asserted in a deed of trust?
ABI Membership is required to access the full summary of Bradshaw v. Asset Ventures LLC (In re Bradshaw) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Abrego
Mar
25
2014
Ruling
Debtor was not precluded from modifying claim secured by debtor's principal residence that was a multi-family property.
Issue(s)
Was a loan secured by a mortgage on debtors' residence that was also partially used for rental purposes subject to modification?
ABI Membership is required to access the full summary of In re Abrego Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Bell
Dec
31
2013
Ruling
Debtors allowed to modify plan to surrender home.
Issue(s)
Could debtors modify plan to provide for surrender of primary residence.
ABI Membership is required to access the full summary of In re Bell Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: