- 11 U.S.C.
In re Adkins
May
14
2015
Ruling
Plan proposing payment of "910 vehicle" claim as long-term debt with non-Till rate of interest unfairly discriminated against other unsecured claims.
Issue(s)
Is a very favorable treatment of a "910 vehicle" claim under the hanging paragraph of 11 U.S.C. § 1325(a), with the debt being treated as long-term debt with a higher, non-Till rate of interest discriminatory to unsecured creditors?
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Court
:
- 11 U.S.C.
In re Perez
Sep
19
2014
Ruling
Creditor's postpetition, preconfirmation attorneys' fees allowed.
Issue(s)
Should creditor lender's postpetition, preconfirmation attorneys' fees be allowed?
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Court
:
- 11 U.S.C.
In re Lighty
Jul
21
2014
Ruling
Mortgage creditor entitled to attorneys' fees and expenses of filing proofs of claim pursuant to default terms of mortgage.
Issue(s)
Whether payment of mortgagee's attorneys' fees was "required by the underlying agreement and applicable nonbankruptcy law to cure a default or maintain payments in accordance with § 1322(b)(5) of the Code."
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Court
:
- 11 U.S.C.
In re Robbins
Jul
14
2014
Ruling
Debtor could not modify timely filed claim secured by residence.
Issue(s)
Does the chapter 13 plan confirmation process trump the claim procedure preempting a secured creditor's timely filed proof of claim on debtors' residence?
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Court
:
- 11 U.S.C.
In re Hall
Jul
15
2013
Ruling
Confirmation denied as proposing lien modification to which creditor had not agreed.
Procedural posture
Before the court was a third amended chapter 13 plan filed by debtors, an objection to confirmation of the plan filed by creditor, a response filed by debtors, a motion for summary judgment filed by the creditor, and a resistance filed by debtors.
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Court
:
- 11 U.S.C.
In re Holman
Mar
15
2013
Ruling
Mortgage creditor's cure and maintenance claim was still "provided for" in plan even after relief from stay was granted.
Procedural posture
A creditor filed a motion for relief from the automatic stay to allow it to enforce its lien against a chapter 13 debtor's principal residence. The creditor also requested relief from the obligations imposed by Fed. R. Bankr. P. 3002.1 to provide notice of any changes in the payment amount to the debtor, debtor's counsel, and the chapter 13 trustee. The chapter 13 trustee agreed with the creditor, while the U.S. Trustee (UST) objected.
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Court
:
- 11 U.S.C.
In re Harris
Apr
23
2012
Ruling
Debtors could cure arrearage in real estate taxes through chapter 13 plan.
Procedural posture
Chapter 13 debtors objected to a proof of claim filed by a mortgagee, which included an arrearage that arose from the mortgagee's prepetition payment of delinquent real estate taxes.
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Court
:
- 11 U.S.C.
In re Poff
Mar
16
2012
Ruling
Confirmation denied due to provision imposing duty on creditors to comply with § 524(i).
Procedural posture
Before the court was the confirmation of the chapter 13 debtor's plan.
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Court
:
- 11 U.S.C.
In re Gilbert
Feb
27
2012
Ruling
Payment of allowed secured claim beyond term of plan approved.
Procedural posture
Chapter 13 debtor filed a motion to allow the debtor to pay mortgage payments to the creditor beyond the term of the chapter 13 plan and determine the treatment of the arrears.
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Court
:
- 11 U.S.C.
In re Agustin
Jun
27
2011
Ruling
Debtors could not extend two modified mortgages beyond life of chapter 13 plan.
Procedural posture
Debtors filed motions seeking to extend two mortgages beyond the life of their Chapter 13 Plan. Creditors opposed the motions.
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Court
: