- 11 U.S.C.
In re Lilly
Oct
30
2007
Ruling
Chapter 13 debtor not entitled to discharge could confirm plan paying Till rate of interest on "910" claim.
Procedural posture
Claimant creditor objected to confirmation of debtor's Amended Chapter 13 Plan. At issue was whether the lien retention provision added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") to 11 U.S.C. § 1325(a)(5)(B)(i) prevented a chapter 13 debtor who was not entitled to a discharge from modifying the interest rate on a secured claim and, if permitted, the post-bankruptcy effect of such modification.
ABI Membership is required to access the full summary of In re Lilly Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Luckett
Oct
24
2007
Ruling
Plan proposing "adequate protection payments" followed by a balloon payment could not be confirmed.
Procedural posture
A chapter 13 trustee and a secured creditor filed objections to confirmation of the debtors'plan. The plan proposed to reduce and fix the creditor's interest on its claim, to provide the creditor with adequate protection payments for the life of the plan, and to make a balloon payment to pay the secured creditor in full.
ABI Membership is required to access the full summary of In re Luckett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Erwin
Oct
01
2007
Ruling
Equal payment provision not directed at payments by trustee to secured creditors.
Procedural posture
The debtors moved for confirmation of their amended chapter 13 plan. A secured creditor objected on the basis that the plan failed to provide for its secured claim to be paid in equal monthly payments. The issue was whether the trustee could continue to pay debtors'attorney fees on an accelerated basis despite the resulting increase in secured creditor payments once the attorney was fully paid.
ABI Membership is required to access the full summary of In re Erwin Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hopkins
Jul
10
2007
Ruling
Neither payments nor interest rates for secured debts on "910" vehicles are dependent on original contract but rather determined by plan and Till rate of interest.
Procedural posture
The debtor moved for confirmation of her chapter 13 plan. Creditor filed an objection.
ABI Membership is required to access the full summary of In re Hopkins Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Royals v. Massey (In re Denton)
Jun
12
2007
Ruling
Trustee was not liable for overpayments to secured creditors.
Procedural posture
Movant counsel for a bankruptcy debtor asserted that the bankruptcy trustee made errors in disbursing money under a bankruptcy debtor's chapter 13 plan, which resulted in a shortfall of money available to pay counsel's fees under the plan. Counsel moved to hold the debtor in contempt.
ABI Membership is required to access the full summary of Royals v. Massey (In re Denton) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Marshall
Jun
11
2007
Ruling
Till rate of interest, not contract rate, applied to claim secured by motor vehicle purchased just prior to petition date.
Procedural posture
Creditor filed an objection to debtors'proposed chapter 13 plan. In support of its objection, the creditor contended that it was bad faith, per se, for the debtors to have purchase a vehicle 40 days before bankruptcy, fail to make any prepetition payments, and seek to reduce the contract rate of interest in a chapter 13 plan.
ABI Membership is required to access the full summary of In re Marshall Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Hill
Feb
12
2007
Ruling
Confirmation denied due to debtor's failure to adequately address creditor's lien or equal monthly payments.
Procedural posture
A trustee and an oversecured creditor objected to confirmation of a debtor's chapter 13 plan of reorganization.
ABI Membership is required to access the full summary of In re Hill Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Monochie
Nov
01
2006
Ruling
Confirmation denied due to failure to provide secured creditor with interest over life of plan.
Procedural posture
Debtors filed a chapter 13 plan. The plan included provisions with regard to the secured claim of creditor bank. The bank objected to the provisions of the plan dealing with its claim.
ABI Membership is required to access the full summary of In re Monochie Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Nice
Oct
30
2006
Ruling
Cramdown of automobile loan allowed for presumptive replacement value in pre-BAPCPA case.
Procedural posture
Chapter 13 debtor filed a motion pursuant to 11 U.S.C. § 1325(a)(5)(B) to cram down the value of creditor's secured claim against her personal vehicle from $56,600 to $36,050.
ABI Membership is required to access the full summary of In re Nice Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Grunau
Oct
04
2006
Ruling
Plan that extended payment terms on car loan over creditor's objection ordered modified in accordance with Till.
Procedural posture
In the debtors' chapter 13 case, a creditor moved for relief from a confirmation order and for a rehearing on its objection to the chapter 13 plan. The creditor had objected to the plan's restructuring of a repayment plan on the creditor's car loan on the ground that the interest rate was too low.
ABI Membership is required to access the full summary of In re Grunau Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: