Skip to main content

§ 1325(a)(5)(B)

Wilson, In re

Ruling
Confirmation of debtors' amended plan was denied as the plan did not propose periodicpayments in equal monthly amounts as required by the Bankruptcy Code. (Bankr. N.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

ABI Membership is required to access the full summary of Wilson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 15, 2021 , LexisNexis #0821-024

Logan, In re

Ruling
Creditors ordered to satisfy lien, deliver title, and were liable for sanctions due to failure tocomply with discharge order. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

ABI Membership is required to access the full summary of Logan, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 08, 2021 , LexisNexis #0221-047

Shumbera, In re

Ruling
Debtor's motion to modify confirmed plan denied where the balloon payment proposed bythe debtor was not equal to the preceding fifty-nine monthly payments. (Bankr. M.D. Fla.)
Issue(s)
Executory Contracts and Unexpired Leases; Trustee's Right to Assume or Reject.

ABI Membership is required to access the full summary of Shumbera, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 02, 2020 , LexisNexis #0121-073

Cerchia, In re

Ruling
Court denied debtors' motion to modify the proof of claim as debtors had not proposed aspecific payment scheme. (Bankr. D.N.J.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

ABI Membership is required to access the full summary of Cerchia, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 03, 2020 , LexisNexis #0420-071

Hill, In re

Ruling
Plan confirmation denied as it proposed to cram down secured creditor's claim to a presentvalue of the collateral. (Bankr. S.D. Miss.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

ABI Membership is required to access the full summary of Hill, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 17, 2019 , LexisNexis #0120-096

Donnadio, In re--Santander Consumer USA Inc. v. Donnadio

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

ABI Membership is required to access the full summary of Donnadio, In re--Santander Consumer USA Inc. v. Donnadio Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on November 25, 2019 , LexisNexis #0120-023

Sine, In re

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.

ABI Membership is required to access the full summary of Sine, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 24, 2018 , LexisNexis #1018-024

Sine, In re

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.

ABI Membership is required to access the full summary of Sine, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 24, 2018 , LexisNexis #1018-024

Caudill, In re

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.

ABI Membership is required to access the full summary of Caudill, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 25, 2018 , LexisNexis #0918-026

Miceli, In re

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.

ABI Membership is required to access the full summary of Miceli, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on July 09, 2018 , LexisNexis #0818-084