- 11 U.S.C.
Smiley, In re
Jul
12
2017
Ruling
Debtor was not precluded from proposing a plan that bifurcated a claim as the claim wasbased on a consensual lien. (Bankr. D.N.J.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Montiel, In re
Jun
28
2017
Ruling
Petition date deemed as the most logical point to use for determining whether a creditor wasa holder of a secured claim. (Bankr. W.D. Wash.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Hurlburt, In re--Hurlburt v. Black
Jun
07
2017
Ruling
Creditor's rights could not be modified as creditor's claim was secured only by a lien on real property that was the debtor's principal residence and the value of the property was less than the amount of the claim. (Bankr. E.D.N.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Hamilton, In re
Apr
27
2017
Ruling
Ambiguity in the bankruptcy plan submitted by the debtor was resolved against her since to allow her to reduce the amount she owed the bank would be inconsistent with law. (Bankr. D.N.M.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bennett, In re
Apr
20
2017
Ruling
11 U.S.C.S. § 1322(b)(2) did not bar debtors from stripping down a creditor’s secured claim on a manufactured home that was debtors' principle residence as it was not a real property under Iowa Law. (Bankr. N.D. Iowa)
Issue(s)
Contents of Plan; Discretionary Provisions.
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Court
:
- 11 U.S.C.
Keise, In re
Mar
02
2017
Ruling
Confirmation of debtors' proposed plan granted as the homeowners association's claim doesnot fall within the scope of § 1322(b)(2) and can be modified. (Bankr. D.N.J.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Martin, In re--Martin v. Bank of New York Mellon
Feb
09
2017
Ruling
Assertions contained in bank's request for admission were deemed admitted after debtor's failure to respond after the requests were sent. (Bankr. M.D. Pa.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
Emery v. Edrington (In re Emery)
Dec
20
2016
Ruling
Debtor's attempt to strip down lien could not be denied as owelty liens were not subject toanti-modification provision. (Bankr. W.D. Wash.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
In re Hutsler
Dec
19
2016
Ruling
Debtors' chapter 13 plan could not be confirmed because it modifies its secured claim inviolation of anti-modification provision regarding residential mortgages.(Bankr. W.D. Mo.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
In re Engen
Dec
12
2016
Ruling
Plan to separately classify student loan claims for favorable payment permitted. (Bankr. D.Kan.)
Issue(s)
Contents of Plan; Discretionary Provisions; Designation of Classes of Unsecured Claims.
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Court
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