- 11 U.S.C.
In re Martin
Apr
13
2010
Ruling
Corporation that obtained interest in secured claim originally filed by credit union was bound by terms of confirmed plan.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed an amended plan for repaying their creditors. A corporation that obtained an interest in a secured claim a credit union filed against the debtors' bankruptcy estate filed a claim against the estate. A trustee who was appointed to administer the debtors' bankruptcy estate filed an objection to the corporation's claim.
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Court
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In re McLemore
Mar
30
2010
Ruling
Proofs of claim disallowed to extent claiming greater rate of interest than provided for in confirmed plan.
Procedural posture
A debtor filed an objection to a creditor's four proofs of claim. The debtor asserted that the claims should be disallowed to the extent that they requested a rate of interest greater than that provided by the debtor's confirmed chapter 13 plan. The debtor also contended that a claim for attorney's fees and costs incurred in a prepetition foreclosure action should be disallowed, as they were not recoverable under 11 U.S.C.S. § 1322(e).
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Court
:
- 11 U.S.C.
Burnett v. Burnett (In re Burnett)
Jul
07
2009
Ruling
Confirmed chapter 13 plan did not limit obligation to pay domestic support obligations.
Procedural posture
Appellant ex-wife challenged an order of the Bankruptcy Court for the Western District of Arkansas that, per 11 U.S.C.S. § 1327, the confirmed chapter 13 plan in debtor- appellee ex-husband's chapter 13 prevented her from collecting over $300 per month post-discharge on account of certain domestic support obligations. At issue was whether appellant's right to collect such support and accrued interest on the arrearage was limited by the plan.
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Court
:
Judge or Jurisdiction information not available
City of Flint v. Bekofske (In re McGee)
Mar
18
2009
Ruling
Confirmed plan's description of city as unsecured creditor was proper and binding.
Procedural posture
City filed an adversary proceeding against chapter 13 trustee, alleging that the trustee erred in designating the city as an unsecured creditor. The bankruptcy court denied the city's motion for summary judgment. The city appealed the decision.
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Court
:
- 11 U.S.C.
In re Stansbury
Mar
09
2009
Ruling
Post-confirmation unsecured claim filed by bank against property surrendered by debtor disallowed.
Procedural posture
The debtors filed for relief under chapter 13 of the Bankruptcy Code and a bank filed a claim in the bankruptcy proceedings. The debtors filed an objection to the claim.
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Court
:
Ruhl v. HSBC Mortg. Servs.
Dec
23
2008
Ruling
Debtors could not contest interest on mortgage arrears that they themselves proposed to pay in their confirmed plans.
Procedural posture
Appellant chapter 13 debtors challenged decisions of the bankruptcy court for the Eastern District of Wisconsin, which granted appellee lenders'motions to dismiss the debtors'adversary proceedings on the grounds that their claims were barred by the principle of finality embodied in 11 U.S.C.S. § 1327(a). The cases were consolidated on appeal.
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Court
:
In re Janssen
Nov
07
2008
Ruling
Debtor granted leave to reopen chapter 13 case to file adversary proceeding against mortgage creditor that commenced foreclosure in violation of terms of confirmed plan.
Procedural posture
A bankruptcy debtor whose case was closed asserted that his mortgagee initiated foreclosure proceedings against him in violation of the terms of his confirmed chapter 13 plan which was binding on the mortgagee. The debtor moved to reopen his bankruptcy case to prosecute an adversary proceeding against the mortgagee and obtain equitable relief.
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Court
:
In re Brunson
Nov
06
2008
Ruling
Postconfirmation motion for relief from stay denied due to application of res judicata.
Procedural posture
Following plan confirmation, a creditor filed a motion for relief from the automatic stay in a debtor's chapter 13 bankruptcy case based on the debtor's failure to make any post- petition payments to the creditor.
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Court
:
- 11 U.S.C.
In re Chestnut
Jul
29
2008
Ruling
Creditor bound by terms of confirmed plan to release lien upon repayment.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and an amended plan for repaying his creditors. After the debtor met all requirements for repaying one of his creditors under his plan, the creditor refused to release a lien on real property. The debtor filed a motion for an order enforcing his plan and requiring the creditor to release its lien, and his wife joined that motion. The creditor opposed the motion.
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Court
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In re Carter
Jul
15
2008
Ruling
Creditor's objection to trustee's notice of disallowance of claim overruled due to failure to timely object to confirmed plan.
Procedural posture
A creditor objected to a trustee's notice allowing/disallowing claims, which showed that the creditor was to receive nothing under the debtor's chapter 13 plan on the creditor's secured or unsecured claims and that the debtor's real property was to be surrendered in lieu of the entire debt to the creditor.
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Court
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