- 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
:
- 11 U.S.C.
Fannie Mae v. Griffin (In re Griffin)
Mar
15
2013
Ruling
Debtor could pay off deceased mother's reverse mortgage in installments through plan.
Procedural posture
Debtor filed a petition under chapter 13 and proposed a plan for paying his creditors that paid a $62,602 debt owed to a mortgagee over forty-seven months. The mortgagee filed an objection to confirmation of the debtor's plan and moved for relief from the automatic stay. The court held a hearing on the mortgagee's objection.
ABI Membership is required to access the full summary of Fannie Mae v. Griffin (In re Griffin) 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 Keita
Dec
12
2012
Ruling
Plan providing for payment of note that matured prior to petition date could be confirmed.
Procedural posture
Chapter 13 debtor sought confirmation of his plan, A creditor filed a motion to dismiss the case and, along with other creditors, filed objections to confirmation.
ABI Membership is required to access the full summary of In re Keita Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Geller v. Grijalva (In re Grijalva)
Apr
02
2012
Ruling
Debtor could bifurcate under-secured short term mortgage and cram down unsecured portion.
Procedural posture
Respondent debtor proposed to modify the first-position lien on her principal residence in her amended chapter 13 plan. Movants were trustees of family trusts.
ABI Membership is required to access the full summary of Geller v. Grijalva (In re Grijalva) 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 Smoak
Sep
28
2011
Ruling
Loan servicer had standing to pursue proof of claim as agent for bank.
Procedural posture
Debtors filed an objection to a proof of claim of filed by a loan servicer as agent for creditor bank. At issue was the effect of a pooling and servicing agreement of some 8,226 sub- prime loans upon the standing of the bank, which was in physical possession of debtor's note.
ABI Membership is required to access the full summary of In re Smoak 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 Holmdahl
Nov
03
2010
Ruling
Proceeds of foreclosure sale ordered to be applied to arrearages.
Procedural posture
The chapter 13 debtors sought to cure their pre-petition defaults pursuant to 11 U.S.C.S. § 1322(c)(1). A bank objected to the debtors' proposal to apply forfeited funds from a failed foreclosure sale to their mortgage arrearages.
ABI Membership is required to access the full summary of In re Holmdahl 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 Boudreaux
Feb
24
2010
Ruling
Relief from stay denied where plan would pay mortgage arrearage and bring loan current at completion.
Procedural posture
As of the date that a debtor filed her petition for relief under chapter 13, her home loan was fully accelerated because she failed to maintain the required insurance on the property. The creditor, who held a reverse mortgage executed by the debtor, filed a motion to lift the stay, and the debtor opposed the motion.
ABI Membership is required to access the full summary of In re Boudreaux 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 Jenkins
Jan
12
2010
Ruling
Debtor's plan could cure mortgage default where foreclosure sale was complete but deed had not been delivered or recorded.
Procedural posture
A bankruptcy debtor proposed a plan which provided for cure of the debtor's mortgage arrearage under 11 U.S.C.S. § 1322(c)(1) since a foreclosure sale of the debtor's residence was not finalized prior to the debtor's bankruptcy. The debtor's mortgage creditor objected to confirmation of the debtor's plan on the ground that Ark. Code Ann. § 18-50-101(8) (2003) deemed the property sold when the highest bid was accepted which was pre-bankruptcy.
ABI Membership is required to access the full summary of In re Jenkins 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 Carter
Dec
28
2009
Ruling
Debtor could pay mortgage that matured prepetition, on house inherited from mother, over course of plan.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors. A bank filed an objection to the debtor's plan because it proposed to pay a mortgage on a house he inherited from his mother under his plan, and also filed a motion for relief from the automatic stay.
ABI Membership is required to access the full summary of In re Carter 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 Medaglia
Apr
01
2009
Ruling
Relief from stay granted to allow recordation of deed from prepetition foreclosure sale that cut off debtor's right to cure.
Procedural posture
Buyer purchased the debtor's property at a prepetition foreclosure auction. A memorandum of sale was executed on the same day of the auction, and the buyer paid the required deposit. Before the buyer recorded his deed, the debtor filed a chapter 13 case. The buyer moved for relief from the automatic stay in order to record a deed and to take possession of the property.
ABI Membership is required to access the full summary of In re Medaglia Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: