- 11 U.S.C.
In re Tyndale
Jul
02
2015
Ruling
Chapter 13 plan confirmed over objection by city that did not establish that it had suffered an injury in fact.
Issue(s)
Should bankruptcy court orders for redemption of property sold at tax sale and subsequent confirmation of debtor's chapter 13 plan be reversed on appeal by city?
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Court
:
- 11 U.S.C.
In re Lemming
Jun
17
2015
Ruling
Confirmation denied due to lack of good faith and improper treatment of secured claim.
Issue(s)
Whether a chapter 13 plan may be confirmed over the objection of a secured creditor where the plan only provides that some of the collateral securing the creditor's claim be surrendered in full satisfaction of the claim and where the plan provides for a non-consensual vesting of the property?
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Court
:
- 11 U.S.C.
In re Crawford
Jun
08
2015
Ruling
Creditor violated confirmation order of plan, which it had accepted, by refusing to release lien on debtor's property.
Issue(s)
Did confirmed plan require creditor to release its lien on debtor's motor vehicle?
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Court
:
- 11 U.S.C.
In re Grey
Jun
04
2015
Ruling
Debtor could modify plan to include escrow payments to secured creditor over creditor's objection based on lack of "equal monthly payments."
Issue(s)
Could chapter 13 debtor modify plan so as to not contain "equal monthly amounts" for the life of the plan?
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Court
:
- 11 U.S.C.
In re Smart
Mar
09
2015
Ruling
Debtors who surrendered property to lienholders, including homeowners' association, were not required to continue to make postpetition assessment payments.
Issue(s)
Was debtor who surrendered property to creditors, including a homeowners' association, obligated to continue making assessment payments to the association?
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Court
:
- 11 U.S.C.
In re Ehiorobo
Jan
29
2015
Ruling
Chapter 13 plan proposing balloon payments to three creditors on or before the 59th month could not be confirmed.
Issue(s)
Could chapter 13 plan proposing balloon payments to three creditors on or before the 59th month of the plan be confirmed?
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Court
:
- 11 U.S.C.
In re Lentz
Jan
16
2015
Ruling
Plan modification that did not provide for equal monthly payments and a balloon payment denied.
Issue(s)
Could plan modification proposing two step ups to a fixed payment in months 10-59 be approved?
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Court
:
- 11 U.S.C.
In re Fortenberry
Dec
30
2014
Ruling
Plan could cram down loan on manufactured home but could not propose to pay less than the amount determined by the court or fail to include interest.
Issue(s)
Could debtor's plan cram down loan secured by a manufactured home and not provide for payment of interest on the loan?
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Court
:
- 11 U.S.C.
In re Lanois
Sep
10
2014
Ruling
Plan proposing deferred payments to mortgagee but not including private mortgage insurance payments could be confirmed.
Issue(s)
Should confirmation of debtor's proposed second amended chapter 13 plan be denied on the grounds that the plan's proposed treatment of creditor's mortgage claim does not include payment for continuing private mortgage insurance?
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Court
:
- 11 U.S.C.
In re Rose
Jul
08
2014
Ruling
Secured creditor was not required to accept title to property surrendered by debtor.
Issue(s)
Could debtor's quitclaim their property to lienholder, the Small Business Association, without the SBA's consent?
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Court
: