- 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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Court
:
- 11 U.S.C.
In re Tucker
Jun
25
2013
Ruling
Confirmation denied due to debtor's undervaluation of home.
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Court
:
- 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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Court
:
- 11 U.S.C.
In re Nance
Jun
22
2012
Ruling
Averaging method used to establish value of debtor's vehicle for cram down purposes.
Procedural posture
Chapter 13 debtors objected to a proof of claim filed by a creditor. At issue was how to value a vehicle for purposes of determining the amount due to the creditor under the debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Holliday
May
04
2012
Ruling
Plan confirmed over objections as providing adequate protection for creditors.
Procedural posture
Objectors, certain creditors holding allowed secured claims, opposed the motion of chapter 13 debtors, a married couple, for confirmation of their second amended chapter 13 Plan. The objections related to whether the provisions of the plan afforded "adequate protection" to each such creditor.
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Court
:
- 11 U.S.C.
In re Nguyen
Apr
02
2012
Ruling
Confirmation of nonconsensual plan denied where balloon payment violated requirement for equal monthly payments.
Procedural posture
A creditor objected to the confirmation of a chapter 13 debtor's plan, asserting that 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I)'s requirement for equal monthly payments necessarily precluded payment of its secured claim through a balloon payment as provided in the plan.
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Court
:
- 11 U.S.C.
In re Holliday
Feb
23
2012
Ruling
Confirmation denied where plan did not offer adequate protection to auto financing and equipment leasing companies.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a first amended plan for repaying debts they owed. An auto finance company and an equipment leasing company filed objections to confirmation of the debtors' plan, contending that the plan could not be confirmed under 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I) and (II).
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Court
:
- 11 U.S.C.
In re Kirk
Jan
23
2012
Ruling
Plan proposing to pay administration and attorneys' fees before paying creditors could not be confirmed.
Procedural posture
The court announced that it would confirm the debtors' third amended plan only if it were modified to provide for payments to a purchase-money auto lender in equal monthly installments without being delayed in deference to payment of administrative expenses, and in particular attorney's fees. Counsel for the debtors objected and asked the court to confirm the plan without requiring any change in the timing and application of plan payments.
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Court
:
- 11 U.S.C.
In re Willis
Nov
14
2011
Ruling
Plans not proposing equal monthly payments to secured creditors could not be confirmed.
Procedural posture
The debtors in four plans proposed that their secured creditors be paid monthly, but in prorated amounts based upon the creditors' ratable shares of each monthly disbursement after deduction of the trustee's fees, the debtors' attorney's fees, and other payments. The creditors objected.
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Court
:
- 11 U.S.C.
In re Shelly
Sep
29
2011
Ruling
Case dismissed due to debtor's inability to file feasible plan.
Procedural posture
The IRS, a secured creditor in a chapter 13 bankruptcy case, filed a motion to dismiss the case on the grounds that the debtors were unable to propose a feasible plan under the requirements of 11 U.S.C.S. § 1325(a)(5)(B)(ii).
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Court
: