- 11 U.S.C.
Citifinancial Auto v. Hernandez-Simpson
May
17
2007
Ruling
Creditors permitted interest at Till rate on allowed claims secured by motor vehicles.
Procedural posture
Appellants, creditors with purchase money liens against appellees, debtors', vehicles challenged the bankruptcy court's confirmation of the debtors' plans over the creditors'objections. In each case, the vehicle was purchased within 910 days of the bankruptcy filing date. The bankruptcy court ruled that the creditors were not entitled to interest on their claims. The creditors'appeals from the confirmation orders were consolidated for appeal.
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Court
:
- 11 U.S.C.
IRS v. White (In re White)
Apr
23
2007
Ruling
Plan confirmation reversal upheld due to debtors'failure to surrender all liened property to IRS.
Procedural posture
In their chapter 13 plan, appellant debtors proposed to satisfy a secured claim held by appellee creditor, the IRS, by surrendering part of the property securing a claim to the IRS and by paying the remaining secured value through the plan. A bankruptcy court affirmed the debtors'petition and plan, but the District Court for the Eastern District of North Carolina reversed. The debtors sought review.
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- 11 U.S.C.
Capital One Auto Fin. v. Bivins (In re Bivins)
Feb
23
2007
Ruling
Secured creditor could not claim deficiency where debtor surrendered vehicle in full satisfaction of claim.
Procedural posture
Respondent debtor petitioned for relief under chapter 13 and filed a plan for confirmation. Movant creditor, who had provided financing for the debtor's car, objected to the confirmation when the debtor proposed returning the car for satisfaction of the debtor's claim.
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Court
:
- 11 U.S.C.
In re Rice
Feb
16
2007
Ruling
Plan confirmed over objection of creditor to application of "hanging paragraph."
Procedural posture
A secured creditor filed an objection to the proposed chapter 13 plan submitted by two chapter 13 debtors. The creditor's claim was secured by an automobile owned by the debtors. The debtors proposed, in their plan, to surrender the vehicle in full satisfaction of the debt owed to the creditor. The creditor contended that the proposed surrender of the vehicle did not meet 11 U.S.C. § 1325(a)(5) confirmation requirements.
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Court
:
- 11 U.S.C.
Citifinancial Auto Ltd. v. Flores (In re Flores)
Feb
13
2007
Ruling
Extended warranty service did not add value to vehicle for purposes of determining replacement cost.
Procedural posture
Debtors moved to confirm their proposed chapter 13 plan. The creditor which held a security interest in the debtors'vehicle filed an objection. The issue was whether, by reason of an extended warranty, the creditor's secured claim was greater than the value of the vehicle.
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Court
:
- 11 U.S.C.
In re Hill
Feb
12
2007
Ruling
Confirmation denied due to debtor's failure to adequately address creditor's lien or equal monthly payments.
Procedural posture
A trustee and an oversecured creditor objected to confirmation of a debtor's chapter 13 plan of reorganization.
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Court
:
- 11 U.S.C.
In re Tonioli
Feb
05
2007
Ruling
Modification of plan to abate delinquent plan payments allowed in absence of objection by secured creditor.
Procedural posture
The court confirmed debtors'chapter 13 case. The chapter 13 trustee moved to dismiss the case, stating that debtors were three months delinquent in plan payments. Debtors objected to the trustee's motion to dismiss and moved to modify their plan to abate delinquent plan payments. The secured creditor of debtors'vehicle received notice of debtors'abatement request and did not file an objection.
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Court
:
- 11 U.S.C.
In re Moon
Jan
26
2007
Ruling
Creditor subject to "hanging paragraph"had no basis to assert unsecured claim after surrender of vehicle.
Procedural posture
The debtor moved to confirm her chapter 13 plan. Creditor filed an objection to confirmation on the grounds that it was not adequately protected by the debtor's proposed plan pursuant to which the debtor proposed to surrender the creditor's collateral, a vehicle, in full satisfaction of the creditor's claim.
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Court
:
- 11 U.S.C.
In re Monochie
Nov
01
2006
Ruling
Confirmation denied due to failure to provide secured creditor with interest over life of plan.
Procedural posture
Debtors filed a chapter 13 plan. The plan included provisions with regard to the secured claim of creditor bank. The bank objected to the provisions of the plan dealing with its claim.
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Court
:
- 11 U.S.C.
In re Nice
Oct
30
2006
Ruling
Cramdown of automobile loan allowed for presumptive replacement value in pre-BAPCPA case.
Procedural posture
Chapter 13 debtor filed a motion pursuant to 11 U.S.C. § 1325(a)(5)(B) to cram down the value of creditor's secured claim against her personal vehicle from $56,600 to $36,050.
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Court
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