- 11 U.S.C.
In re Strzelecki
Apr
22
2014
Ruling
Partly secured creditor entitled to auto insurance proceeds in partial satisfaction of claim.
Issue(s)
Was partially secured creditor entitled to proceeds of auto insurance policy after debtor's vehicle was damaged in an accident with a deer?
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- 11 U.S.C.
Santander Consumer USA Inc. v. Brown (In re Brown)
Mar
27
2014
Ruling
Confirmation affirmed where plan properly premised bifurcation on valuation of surrendered collateral based on replacement value.
Issue(s)
Whether § 506(a)(2)'s valuation standard based on replacement value applied when chapter 13 debtor proposed to surrender a motor vehicle under § 1325(a)(5)(C)?
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Court
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Bogunovich
Mar
25
2014
Ruling
Confirmation denied due to failure to fully provide for note that was due and payable on petition date.
Issue(s)
Did debtor's plan provide for proper treatment of creditor's note that was due and payable on the petition date?
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:
- 11 U.S.C.
In re Miller
Oct
09
2013
Ruling
Plan not providing for equal payments could not be confirmed.
Issue(s)
Could chapter 13 plan providing for payments in unequal amounts be confirmed .
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:
- 11 U.S.C.
In re Rosa
Jul
08
2013
Ruling
Plan vesting property in first mortgagee could be confirmed where mortgagee received proper notice and did not object.
Procedural posture
Debtor's chapter 13 plan provided that title to certain real property would be vested in the first mortgagee pursuant to 11 U.S.C.S. § 1322(b)(9). The standing trustee objected.
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:
- 11 U.S.C.
In re Tucker
Jun
25
2013
Ruling
Confirmation denied due to debtor's undervaluation of home.
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:
- 11 U.S.C.
In re Hurd
May
22
2013
Ruling
Confirmation denied due to disparate treatment of creditor's single secured claim.
Procedural posture
A bankruptcy debtor proposed a plan which provided for modification of the lien of a creditor secured by the debtor's real properties, consisting of a parking lot and an adjacent residential lot, by abandoning the residential lot and retaining the parking lot with payment of the value of the parking lot. The creditor objected to confirmation of the debtor's plan.
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:
- 11 U.S.C.
In re Cupolo
Feb
05
2013
Ruling
Confirmation denied due to impermissible modification of bank's secured claim.
Procedural posture
A bank objected to confirmation of a debtor's amended chapter 13 plan on the grounds that it impermissibly modified the bank's rights in violation of 11 U.S.C.S. § 1322(b)(2) and (3) and failed to meet the requirements of 11 U.S.C.S. § 1325(a). The bank also filed a motion for relief from stay and the co-debtor stay and for abandonment of property from the estate.
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:
- 11 U.S.C.
In re Tucker
Jan
25
2013
Ruling
Confirmation denied due to debtor's undervaluation of mobile home.
Procedural posture
Debtor moved for confirmation of her proposed chapter 13 plan. Creditor, which held the lien on debtor's mobile home, filed an objection to confirmation. The parties contested the value of the mobile home, which debtor testified had a value of $ 9,000. Creditor asserted that the plan did not meet the requirements of 11 U.S.C.S. § 1325(a)(5), so confirmation should be denied.
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Court
:
- 11 U.S.C.
In re Mayberry
Jan
11
2013
Ruling
Plan proposing to deal with mortgage loan through modification could be confirmed absent objection from creditor.
Procedural posture
Before the court was the "Motion of Chapter 13 Trustee to Dismiss Case" seeking dismissal of debtor's chapter 13 case under 11 U.S.C.S. § 1307(c)(1) on the grounds that debtor's unconfirmed chapter 13 plan failed to properly account for all claims filed in the case, thereby creating an unreasonable delay prejudicial to creditors.
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