- 11 U.S.C.
Rhodes, In re
Jan
22
2025
Ruling
Chapter 13 trustee’s objection to modification of amended plan proposing to pay post-petition, preconfirmation interest on a secured claim overruled. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
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Court
:
- 11 U.S.C.
Hammond, In re
Jan
21
2025
Ruling
Court determined that it requires the debtor to show the present value of future plan distributions to secured creditors, discounted to the effective date of the plan, is at least equal to the allowed amount of the secured claims. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
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Court
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Grass, In re
Jan
21
2025
Ruling
Court found the language of the hanging paragraph ambiguous and looked to legislative history, which indicated Congress intended to provide more protection to creditors with purchase money security interests. (Bankr. M.D. Fla.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.
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:
- 11 U.S.C.
Estate of Steinke, In re
Dec
31
2024
Ruling
The effective date of the plan for purposes of property valuation refers to the confirmation date, not the petition date. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Value of Property Distributed No Less Than if Estate Were Liquidated.
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Court
:
- 11 U.S.C.
Brooks, In re
Dec
20
2024
Ruling
Debtor's proposed plan to pay a mortgage claim at Till rate of interest denied as the claim was secured only by the debtor's principal residence and the contract rate could not be modified. (Bankr. W.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Zahoruiko, In re
Dec
19
2024
Ruling
Debtor's Chapter 13 case dismissed with two-year refiling bar due to lack of good faith and because it was filed for abusive and dilatory purposes. (Bankr. D. Conn.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
:
- 11 U.S.C.
Turner, In re
Dec
11
2024
Ruling
Confirmation of Chapter 13 plan denied as it did not provide adequate protection or payment to secured creditor. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Lamb, In re
Oct
22
2024
Ruling
Debtors' testimony alone, without a rational basis for the stated value, was insufficient to meet the burden of proof on valuation for purposes of cram down. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
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Court
:
- 11 U.S.C.
McCaskey, In re
Sep
30
2024
Ruling
Debtor's inability to deliver physical possession of an ATV did not constitute a material default under the Chapter 13 plan or cause to dismiss the case as it had not been shown that debtor concealed the collateral or perpetrated a fraud. (Bankr. S.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured
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Court
:
- 11 U.S.C.
Williams, In re
Sep
18
2024
Ruling
Court could not find that the Chapter 13 debtor proposed its plan in good faith. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.
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Court
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