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§ 1326(a)(1)

Batoha, In re

May
02
2022
Ruling
Debtor's proposed Chapter 13 plan was denied based on trustee's objections as the debtorwanted a longer plan period without paying the additional amount into the plan. (Bankr. E.D.Mich.)
Issue(s)
Payments; Plan Payments; Commencement.

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Consumer opinion summary, case decided on May 02, 2022 , LexisNexis #0722-023
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In re Robson

May
23
2007
Ruling
Debtors required to make monthly adequate protection payments to secured creditor to cover depreciation in motor vehicle.
Procedural posture

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).

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opinion summary, case decided on May 23, 2007 , LexisNexis #0707-016
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Finance Md. lLC v. Smith (In re Smith)

Nov
02
2006
Ruling
Duty to make adequate protection payments did not arise where obligation in question arose prior to order for relief.
Procedural posture

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).

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opinion summary, case decided on November 02, 2006 , LexisNexis #1206-113
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In re Simmons

May
31
2006
Ruling
Plan payments to trustee rather than direct payments, did not deprive creditor of adequate protection.
Procedural posture

Movant creditor filed for relief from the automatic stay. Respondents, debtors and the chapter 13 trustee, opposed the motion.

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opinion summary, case decided on May 31, 2006 , LexisNexis #0906-047
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In re Clay

Mar
15
2006
Ruling
Court ruled that Code section 1326(a)(1) still allowed debtors to make direct payments to creditors.
Procedural posture

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.

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opinion summary, case decided on March 15, 2006 , LexisNexis #0406-007
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In re Beaver

Jan
24
2006
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.
Procedural posture

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.

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opinion summary, case decided on January 24, 2006 , LexisNexis #0206-060
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