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§ 1325(a)(5)

In re Williams

Ruling
Debtor could not amend confirmed plan to vest title in secured creditor.
Issue(s)
Could debtor amend confirmed chapter 13 plan to provide for the vesting of his former homestead in the holder of a first mortgage lien on the property?

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Consumer opinion summary, case decided on December 02, 2015 , LexisNexis #1215-134

In re Higley

Ruling
Plan could not be confirmed until debtor demonstrated surrender of missing trailer or that creditor would be paid in full.
Issue(s)
Whether chapter 13 plan could be confirmed where a trailer securing a debt was missing and the debt was treated as unsecured in the plan?

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Consumer opinion summary, case decided on October 09, 2015 , LexisNexis #1115-029

In re Romero

Ruling
Confirmation denied due to violation of the equal monthly payments requirement.
Issue(s)
Could debtor's chapter 13 plan propose to pay post-confirmation adequate protection payments to creditor bank until the debtors' attorneys' fees are paid in full and then begin higher payments until the bank's claim is paid in full?

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Consumer opinion summary, case decided on October 09, 2015 , LexisNexis #1115-030

In re Enders

Ruling
Confirmation denied where plan failed to provide for payment to secured creditor in equal monthly installments.

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Consumer opinion summary, case decided on September 30, 2015 , LexisNexis #1115-031

In re Cotton

Ruling
Debtors not entitled to payment of remaining insurance proceeds from vehicle accident where allowed claim of creditor secured by vehicle had not been paid in full.
Issue(s)
Whether motor vehicle creditor's lien covers insurance proceeds in excess of its allowed secured claim?

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Consumer opinion summary, case decided on September 22, 2015 , LexisNexis #1015-066

In re Hernandez

Ruling
Plan that proposed payments to secured creditor beginning with first payment after confirmation could be confirmed.

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Consumer opinion summary, case decided on September 18, 2015 , LexisNexis #1015-067

In re Stewart

Ruling
Debtor could surrender title to LLC that serviced the mortgage on the property.
Issue(s)
Could debtor obtain an order to surrender title to property directly to the LLC that serviced a mortgage on the property?

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Consumer opinion summary, case decided on September 01, 2015 , LexisNexis #0915-135

In re Zair

Ruling
Confirmation granted over objection of secured creditor to whom debtor's non-residential property would be surrendered under the plan.
Issue(s)
Whether debtors may confirm a chapter 13 plan which provides, inter alia, that certain residential real property at which debtors do not reside may be surrendered and vested in a secured creditor over that secured creditor's objection?

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Consumer opinion summary, case decided on August 13, 2015 , LexisNexis #0915-032

In re Ware

Ruling
Debtor not required to physically surrender vehicle that was stolen.
Issue(s)
Was debtor required to physically deliver a motor vehicle when debtor was incapable of doing so through no fault of her own due to theft?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 10, 2015 , LexisNexis #0815-065

In re Jones

Ruling
Till rate of interest was appropriate in cramdown.
Issue(s)
What was the appropriate rate of interest on cramdown of mortgage loan on debtors'manufactured home?

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Consumer opinion summary, case decided on August 03, 2015 , LexisNexis #0815-133