- 11 U.S.C.
Battershell, In re
May
14
2019
Ruling
Court had no ability to recharacterize loan payoff as a loan purchase. (Bankr. D.N.M.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Battershell, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Unacha, In re
Apr
23
2019
Ruling
Chapter 13 plan could be confirmed over a creditor's objection solely on the grounds that aban modification could not constitute cure. (Bankr. D. Mass.)
Issue(s)
Contents of Plan; Discretionary Provisions; Curing of Default and Maintenance of
ABI Membership is required to access the full summary of Unacha, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Chu, In re
Apr
10
2019
Ruling
Separate classification of debtor's gambling debt deemed as an unfair discrimination againstcasino creditor. (Bankr. E.D. Va.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured
ABI Membership is required to access the full summary of Chu, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Guice, In re
Feb
28
2019
Ruling
Anti-modification protections did not apply to debtor's proposed cramdown as creditor wassecured by both a security interest and a judgment lien against the debtor's condo. (Bankr.D.N.J.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Guice, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Heiser, In re
Feb
24
2019
Ruling
Debtor was allowed to treat creditor's installment land contract as a residential mortgage thatcan be cured during the plan's five-year term. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Heiser, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Recinos
Sep
28
2018
Ruling
Plan was subject to anti-modification prohibition as it specifically asserted that the propertyat issue was the debtor's principal residence rather than an investment property. (Bankr. D.Nev.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Recinos Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Hansen, In re
Sep
25
2018
Ruling
Confirmation of debtors' chapter 13 plan was granted as debtor did not impermissibly modify his secured claim because the lien was not a security interest but rather a nonconsensual statutory mechanic's lien. (Bankr. N.D. Iowa)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Hansen, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Monahan, In re--Monahan v. Fore River, L.L.C.
Jul
20
2018
Ruling
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Monahan, In re--Monahan v. Fore River, L.L.C. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Foster, In re
Jul
09
2018
Ruling
Bankruptcy court allowed to approve chapter 13 plan that proposes to cure, over its course,both pre-petition and post-petition mortgage arrears on a mortgage instrument secured by thedebtor's principal residence. (Bankr. D. Conn.)
Issue(s)
Contents of Plan; Discretionary Provisions.
ABI Membership is required to access the full summary of Foster, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Quinn, In re
Jun
05
2018
Ruling
Debtor's chapter 13 plan could not be confirmed as it unfairly discriminated against unsecured creditors who received nothing under the plan. (Bankr. E.D. Mich.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured Claims.
ABI Membership is required to access the full summary of Quinn, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: