- 11 U.S.C.
Schweiger, In re
May
11
2018
Ruling
Confirmation denied as plan proposed to cure mortgage arrears on debtor's residence whichwas not permitted as the debtor's equity of redemption was foreclosed by completion of anauction sale before his bankruptcy petition was filed. (Bankr. D. Md.)
Issue(s)
Contents of Plan; Debtor’s Principal Residence; Foreclosure Sale.
ABI Membership is required to access the full summary of Schweiger, 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.
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.
ABI Membership is required to access the full summary of Olmo-Claudio, 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.
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.
ABI Membership is required to access the full summary of Martinez, 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.
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.
ABI Membership is required to access the full summary of Garcia, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Michaud
Mar
29
2016
Ruling
Reverse mortgage creditor's objection to debtor's motion to value residence overruled.
Issue(s)
Could claim of reverse mortgage creditor, based on mortgage executed by debtor's deceased spouse and payable on the spouse's death, be modified?
ABI Membership is required to access the full summary of In re Michaud Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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?
ABI Membership is required to access the full summary of In re Garcia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hinds-Santiago
Jan
15
2015
Ruling
Interest rate on loan for which the original maturity date was after the last payment due under debtor's plan was not subject to modification.
Issue(s)
Could debtor modify the interest rate of a loan with an original maturity date that fell within the period of debtor's chapter 13 plan or did the new maturity date set by a prepetition loan modification, which fell after the last plan payment, bar modification?
ABI Membership is required to access the full summary of In re Hinds-Santiago Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
TD Bank v. LaPointe (In re LaPointe)
Feb
24
2014
Ruling
Bankruptcy court should have granted relief from stay where mortgagee's foreclosure was completed prepetition under state law.
Issue(s)
Whether court erred by denying bank's motion for stay relief based upon its interpretation of 11 U.S.C.S. § 1322(c)(1).
ABI Membership is required to access the full summary of TD Bank v. LaPointe (In re LaPointe) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
In re Mayer
Aug
29
2013
Ruling
Plan could cure default on claim secured by debtor's primary residence.
Issue(s)
Was chapter 13 debtor entitled to an extension of the automatic stay where debtor had defaulted on a loan securing debtor's primary residence, which would preclude the filing of a confirmable plan if anti-modification provisions of §1322 (b)(2) applied.
ABI Membership is required to access the full summary of In re Mayer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Smith
Aug
23
2013
Ruling
Plan could modify interest rate on note that was immediately due and payable.
Issue(s)
Could debtor's plan modify interest rate on loan that had reached maturity and was due and payable in full?
ABI Membership is required to access the full summary of In re Smith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: