- 11 U.S.C.
Long, In re
Jul
22
2019
Ruling
Trustee's objection to plan confirmation based on debtors' failure to file tax returns wasoverruled as returns were not due to be filed with the IRS until after the date on which themeeting of creditors was first scheduled to be held. (Bankr. E.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Filing of Tax Returns.
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Court
:
- 11 U.S.C.
In re Cabell
Jun
10
2011
Ruling
Motor vehicle used primarily for business purpose and acquired within one year of petition date was not subject to "hanging paragraph."
Procedural posture
Debtor's chapter 13 case was before the court on the initial objection to confirmation filed by a creditor and on the creditor's amended objection to confirmation.
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Court
:
- 11 U.S.C.
In re Haskins
Mar
25
2010
Ruling
Debtors allowed to "cram down" secured claim in 910 vehicle which debtor used primarily for business.
Procedural posture
The chapter 13 debtors filed a motion proposed to limit the amount of the allowed claim of respondent creditor holding a secured lien against one of their motor vehicles to the value of the collateral securing the claim, as allowed under 11 U.S.C.S. §§ 506, 1322(b), and 1325(a)(5). The creditor objected to that "cram down" treatment, asserting it was contrary to the dictates of the hanging paragraph following 11 U.S.C.S. § 1325(a)(9).
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Court
:
- 11 U.S.C.
In re Dyke
Dec
23
2009
Ruling
Secured claim in "910" vehicle that included negative equity was a purchase money security interest and protected from bifurcation.
Procedural posture
This matter was before the court on confirmation of debtor's proposed chapter 13 plan and the objection of a credit union to confirmation.
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Court
:
- 11 U.S.C.
In re Mierkowski
Sep
29
2008
Ruling
"910 vehicle" claim could not be bifurcated but negative equity portion was not included in purchase money security interest.
Procedural posture
The court conducted a hearing on the confirmation of the Second Amended chapter 13 plan filed by debtors and the Objection to the Plan filed by a creditor.
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Court
:
- 11 U.S.C.
In re Brown
Nov
09
2007
Ruling
Plan could not simultaneously seek to cure default and modify secured claim in motor vehicle.
Procedural posture
The debtor moved for confirmation of her proposed chapter 13 plan. The creditor which held a security interest in the debtor's vehicle filed an objection as well as a motion for relief from the automatic stay or for adequate protection. The creditor contended that the debtor improperly bifurcated its secured claim in contravention of the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
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Court
:
- 11 U.S.C.
In re Cross
Sep
27
2007
Ruling
Claim secured by "910" vehicle used interchangeably by debtor and non-debtor spouse could not be bifurcated.
Procedural posture
Creditor filed an objection to confirmation of the debtor's chapter 13 plan, arguing that the plan's proposed treatment of its secured claim violated the requirements imposed by the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9). The issue was whether the debtor's vehicle, which was purchased within 910 days of filing, was "a motor vehicle acquired for the personal use of the debtor" for purposes of the hanging paragraph.
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Court
:
- 11 U.S.C.
In re Valles Dominquez
May
11
2007
Ruling
Creditor could claim deficiency under hanging paragraph on loan for motor vehicle surrendered by debtor.
Procedural posture
The debtor filed for relief under chapter 13. The debtor had purchased a car, which was financed by the creditor, who took a purchase money security interest in the vehicle to secure the loan. The creditor filed a notice of deficiency and the debtor objected to the deficiency claim. The court held a hearing and issued findings of fact and conclusions of law.
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:
- 11 U.S.C.
In re Smith
Nov
06
2006
Ruling
Chapter 13 plan could not be confirmed without clear reference to treatment of creditor's "hanging paragraph"auto insurance claim.
Procedural posture
Debtors moved for confirmation of their proposed chapter 13 plan. Creditor objected to confirmation based on the plan's treatment of its claim, which was governed by the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9) (910-car claim).
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Court
:
- 11 U.S.C.
In re Maggett
Oct
19
2006
Ruling
Debtor could surrender vehicle in full satisfaction of debt with no further liability for deficiency.
Procedural posture
A secured creditor objected to confirmation of the debtor's amended chapter 13 plan in which he proposed to surrender a vehicle in full satisfaction of the debt owed to the secured creditor. The court held a hearing on the objection.
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Court
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