§ 1322(b)

In re Fowle

Bankruptcy debtors'confirmed chapter 13 plan provided for treatment of a mortgagee's claim as partially secured and partially unsecured. The debtors moved to strip down the mortgagee's lien with regard to the unsecured portion of the claim, and the mortgagee did not respond to the motion. The court sua sponte questioned whether bifurcation of the mortgagee's claim was proper under 11 U.S.C. § 1322(b)(2).
Ruling: 
Debtor's motion to strip down the mortgagee's lien was granted even though section 1322 prohibited bifurcation since the mortgagee failed to respond to the motion.
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In re Tandy

A bankruptcy debtor's plan was confirmed and provided for interest on amounts due to secured creditors, but a creditor which purchased certificates of delinquency from a state for the debtor's unpaid property taxes sought the higher statutory interest rate set out in the certificates. The creditor objected to the order confirming the debtor's plan and moved to amend the plan.
Ruling: 
Creditor's interest rate was properly modified in debtor's confirmed plan since the taxed property was not the debtor's principal residence.
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In re Sturgill

Debtors filed for chapter 13 bankruptcy protection. Creditors, a security interest holder in the debtor's mobile home and a security interest holder in the land on which the mobile home sat, objected to confirmation of the plan. The court held a confirmation hearing on the plan.
Ruling: 
Lien of a creditor holding a security interest in a mobile home could not be modified under a proposed chapter 13 plan because the lien was on the debtors 'principal residence, but the lien on the land on which the home sat could be modified by the plan.
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In re Robinson

Debtor filed a voluntary chapter 13 bankruptcy petition. Before the court were Objections to Confirmation of two creditors.
Ruling: 
Court ruled that the debtor could modify the interest rates that secured creditors received in a chapter 13 case.
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Griffey v. U.S. Bank (In re Griffey)

Plaintiffs, debtors, appealed an order of the bankruptcy court that denied their motion for reconsideration and entry of default. The debtors had brought a complaint against defendant creditor to "strip off" the creditor's second mortgage on their primary residence. Although the creditor did not respond, the bankruptcy court dismissed the complaint based on its interpretation of 11 U.S.C. § 1322(b)(2).
Ruling: 
Court reversed an order dismissing the debtor's lawsuit against a creditor because the lien holder's unsecured claim could be modified by the debtor's chapter 13 plan.
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In re Mulkey

After filing for chapter 13 bankruptcy protection, the debtors proposed a plan that provided for disparate treatment of unsecured creditors, namely the debtors proposed paying a higher amount on educational loans than on the debts owed to other unsecured creditors. The chapter 13 trustee objected to the confirmation of the debtors' plan under 11 U.S.C. § 1322, alleging that it discriminated unfairly against general unsecured claims.
Ruling: 
Debtors were denied confirmation of their chapter 13 plan where the plan unnecessarily favored education loan creditors over other unsecured creditors.
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Hodder v. Wilshire Credit Corp. (In re Hodder)

Plaintiffs, chapter 13 debtors, brought an adversary proceeding challenging their obligations to defendants creditors who held secured claims against real property of the debtors. The secured creditors brought a motion for judgment on the pleadings.
Ruling: 
Chapter 13 debtor could not challenge secured claims that were listed and not disputed in schedules.
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Consumer case opionion summary, case decided on September 12,2011, LexisNexis #1011-060

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