- 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.
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.
Olmo-Claudio, In re
Aug
30
2017
Ruling
Modification of creditors rights under debtor's chapter 13 plan was allowed as the claimmatured pre-petition. (Bankr. E.D.N.Y.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
Martinez, In re
Jul
25
2017
Ruling
Motion to value denied where debtor was not attempting to value the property nor strip down a lien, instead debtor simply wanted to modify the note's interest rate and finish paying the plan. (Bankr. S.D. Fla.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
Garcia, In re
Jun
30
2017
Ruling
Bifurcation of a lien of a creditor secured by the debtor's real property is allowed as the liendoes not include the manufactured home on the property of the debtor designated aspersonalty. (Bankr. N.D. Tex.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Modification of Home Mortgages.
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Court
:
- 11 U.S.C.
In re Garcia
Jun
25
2015
Ruling
Debtor could modify debt secured by primary residence where note was due on the day before the final plan payment.
Issue(s)
Could debtor modify the interest rate on a note secured by debtor's primary residence that became due the day before the date for final payment under debtor's plan?
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Court
: