- 11 U.S.C.
Donnadio, In re--Santander Consumer USA Inc. v. Donnadio
Nov
25
2019
Ruling
Court erred in confirming debtors' plan as it did not include a nonstandard plan provision thataddressed a creditor's lien retention. (B.A.P. 6th Cir.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Foley, In re
Aug
19
2019
Ruling
Plan's lien-retention language in non-standard provisions was not a barrier to confirmation asthe affected secured creditors had accepted the plans. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Winstead, In re
Jul
31
2019
Ruling
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Smith, In re
Dec
03
2018
Ruling
Debtor's chapter 13 plan was denied as debtor proposed to cram down the interest rate he was paying on a debt from an oversecured creditor as of the date he declared bankruptcy instead of the date his plan was confirmed. (Bankr. W.D. La.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Keokuk, In re
Nov
20
2018
Ruling
Court denied confirmation of debtor's amended chapter 13 plan where plan was notconfirmable, as debtor’s proposed surrender of the mobile home was not the equivalent of adistribution of the value of the mobile home. (Bankr. E.D. Ky.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Sine, In re
Aug
24
2018
Ruling
Debtors' plan had to provide for the secured claim of the boat in the amount of the presentvalue instead of the entire contract debt. (Bankr. W.D. Wash.)
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.
Sine, In re
Aug
24
2018
Ruling
Debtors' plan had to provide for the secured claim of the boat in the amount of the presentvalue instead of the entire contract debt. (Bankr. W.D. Wash.)
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.
Sparks, In re
Aug
17
2018
Ruling
Second amended plan could not be confirmed as it proposed to bifurcate an oversecured lien.(Bankr. S.D. Ohio)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Caudill, In re
Jul
25
2018
Ruling
Court held that debtors' home was worth $49,600 and that creditor's expert opinion as to thedimensions of the property for purposes of finding the appropriate value under § 506(a) wasconsistent and credible. (Bankr. E.D. Ky.)
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.
Miceli, In re
Jul
09
2018
Ruling
Court sustained secured creditor's objection to confirmation of plan that proposed todistribute smaller monthly payments to the creditor until the allowed claim of debtor'sattorneys was paid in full. (Bankr. N.D. Ill.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.
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Court
: