- 11 U.S.C.
Lee, In re--Mission Hen, LLC v. Lee
Nov
13
2023
Ruling
Bankruptcy court did not err in allowing Chapter 13 debtors to bifurcate a claim that wassecured by a junior lien on debtors' residence and treat part of its claim as unsecured. (B.A.P.9th Cir.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Berry, In re
Mar
13
2023
Ruling
Bank that filed a secured claim forfeited any right to challenge the bankruptcy court's jurisdiction or argue that the plan's treatment of the claim was proposed in bad faith, forbidden by law, or infeasible. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
Berry, In re
Mar
13
2023
Ruling
Bank that filed a secured claim forfeited any right to challenge the bankruptcy court's jurisdiction or argue that the plan's treatment of the claim was proposed in bad faith, forbidden by law, or infeasible. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
Peralta, In re
Jun
21
2022
Ruling
Home was not property of the estate given prepetition judgment of possession regardless ofthe fact that the debtor still lived there. (3d Cir.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Harris, In re
Mar
16
2022
Ruling
Modification of debtor's principal residence loan through bifurcation was authorized as thelast payment on the original payment schedule was due before the final plan payment wasdue. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
Tolliver, In re
Sep
25
2020
Ruling
Debtors could not propose a Chapter 13 plan that modified rights of creditor whose claim wassecured only by an interest in their principal residence. (Bankr. E.D. Wis.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
Hurlburt v. Black
May
24
2019
Ruling
Judgment reversed as the plain text of Section 1322(c)(2) authorized modification of coveredhomestead mortgage claims including bifurcation of undersecured homestead mortgages intosecured and unsecured components. (4th Cir.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Russell, In re
May
03
2019
Ruling
Debtor lacked the ability to include a foreclosed property in a subsequently filed Chapter 13bankruptcy after the fall of the gavel at a duly held foreclosure sale conducted in accordancewith state law. (Bankr. S.D. Ala.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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Court
:
- 11 U.S.C.
Lieber, In re
Apr
22
2019
Ruling
Issuance of sheriff’s deed would not violate the automatic stay where debtor's property wasconsidered sold on the date of the foreclosure sale. (Bankr. N.D. Iowa)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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Court
:
- 11 U.S.C.
Vertullo, In re
Oct
01
2018
Ruling
Debtor may still attempt to cure her mortgage as the creditor had not completed theforeclosure sale by recording the foreclosure deed. (Bankr. D.N.H.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
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Court
: