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§ 1325(a)(5)(A)

Ritter, In re

Feb
02
2023
Ruling
Creditor accepted the second original plan and it could not object to a later version of the plan which did not change its rights. (Bankr. S.D. Ill.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Acceptance of Plan.

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Consumer opinion summary, case decided on February 02, 2023 , LexisNexis #0423-018
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Powell, In re

May
16
2022
Ruling
Creditor that had not objected to the initial Chapter 13 plan was also deemed to have acceptedthe modified plan. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 16, 2022 , LexisNexis #0822-071
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In re Gibson

Aug
18
2016
Ruling
Filing of amended plan reset deadline for objections to confirmation. (Bankr. D.S.C.)
Issue(s)
Whether an amended Chapter 13 plan, filed and served on an unaffected creditor before the running of the deadline for the creditor to accept or reject the initial plan, reset the deadline for the creditor to object to its treatment.

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Consumer opinion summary, case decided on August 18, 2016 , LexisNexis #1016-101
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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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Consumer opinion summary, case decided on July 08, 2013 , LexisNexis #0813-029
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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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Consumer opinion summary, case decided on January 11, 2013 , LexisNexis #0213-061
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In re Martin

Jan
26
2011
Ruling
Confirmation denied where plan dramatically decreased the principal and interest rate of mortgage and did not provide the creditor with payments over the life of the plan that totaled the present value of its allowed secured claim.
Procedural posture

The debtors filed a notice of proposed Chapter 13 plan. At issue was whether the plan complied with the requirements of 11 U.S.C.S. § 1325. No objections were filed.

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Consumer opinion summary, case decided on January 26, 2011 , LexisNexis #0211-133
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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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opinion summary, case decided on February 05, 2007 , LexisNexis #0307-015
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