§ 1326

In re Robson

In a chapter 13 bankruptcy case, a creditor filed a motion to modify stay with respect to a debt secured by a lien on two vehicles. The creditor asserted that the debtors were not providing it with adequate protection for its collateral under 11 U.S.C. § 1326(a)(1)(C).
Ruling: 
Debtors required to make monthly adequate protection payments to secured creditor to cover depreciation in motor vehicle.
ABI Membership is required to access the full summary of In re Robson. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Finance Md. lLC v. Smith (In re Smith)

Creditor filed a motion to dismiss chapter 13 debtor's bankruptcy case pursuant to 11 U.S.C. § 1307(c)(4) on the grounds that debtor failed to commence making the payments required pursuant to 11 U.S.C. § 1326(a)(1)(C).
Ruling: 
Duty to make adequate protection payments did not arise where obligation in question arose prior to order for relief.
ABI Membership is required to access the full summary of Finance Md. lLC v. Smith (In re Smith). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Lopez

Trustee objected to the confirmation of the debtor's chapter 13 plan on the ground that the plan could not, after amendments under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") and under pre-BAPCPA authority, appoint the debtor as disbursing agent under the plan for current payments due under the debtor's home mortgage. The court held a hearing on the matter.
Ruling: 
BAPCPA did not prevent appointment of debtor as disbursing agent under plan.
ABI Membership is required to access the full summary of In re Lopez. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Drive Fin. Servs. v. Brown

Creditor objected to chapter 13 debtor's plan confirmation.
Ruling: 
Plan providing for pre-confirmation adequate protection payments to chapter 13 trustee approved.
ABI Membership is required to access the full summary of Drive Fin. Servs. v. Brown. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Reid

Debtor moved for confirmation of his proposed chapter 13 plan. The debtor's plan proposed payment of two debts that qualified as domestic support obligations, as that term was defined in 11 U.S.C. § 101(14A) . The issue was whether the debtor's proposed treatment of these domestic support obligations satisfied the requirements of the Bankruptcy Code, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA").
Ruling: 
Court ruled that plan did not violate section 507(a) but needed to be amended to provide for interest on domestic support obligations.
ABI Membership is required to access the full summary of In re Reid. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Vinnie

A state agency in charge of collecting child support on behalf of child support payees (agency) filed three claims for child support. The debtor's chapter 13 plan proposed to pay these claims in full, concurrently with other priority claims, including the debtor's attorney. The agency filed an objection to confirmation, claiming that its priority claims should be paid in full before distribution to any other priority creditor.
Ruling: 
Plan was confirmed over creditor's objection since section 1326(b)(1) did not require full payment of creditor's higher priority claim before paying other creditors.
ABI Membership is required to access the full summary of In re Vinnie. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Vigil

A chapter 13 trustee objected to the confirmation of a plan that called for the debtors making payments on two debts secured by personal properly directly to the creditors rather than through the trustee.
Ruling: 
Court denied plan confirmation due to insufficient information but noted that direct payments would have been permissible.
ABI Membership is required to access the full summary of In re Vigil. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Simmons

Movant creditor filed for relief from the automatic stay. Respondents, debtors and the chapter 13 trustee, opposed the motion.
Ruling: 
Plan payments to trustee rather than direct payments, did not deprive creditor of adequate protection.
ABI Membership is required to access the full summary of In re Simmons. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Clay

Under the debtor's proposed chapter 13 plan, the debtor proposed to pay the majority of her secured creditors directly. The chapter 13 trustee objected to confirmation of the plan, arguing that direct payments are not permissible under the Bankruptcy Code.
Ruling: 
Court ruled that Code section 1326(a)(1) still allowed debtors to make direct payments to creditors.
ABI Membership is required to access the full summary of In re Clay. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Beaver

Petitioner creditor filed a motion for preconfirmation adequate protection of its security interests in vehicles owned by one of respondent debtors. The debtors objected that adequate protection could be provided by means other than the direct payments requested.
Ruling: 
Court held that the debtor was not limited to making preconfirmation direct payments to provide adequate protection to the creditor of a security interest and approved an agreed-on preconfirmation installment payment plan.
ABI Membership is required to access the full summary of In re Beaver. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 1326