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§ 1327(c)

Nomellini v. United States of IRS (In re Nomellini)

Jun
25
2015
Ruling
Plan confirmation did not modify IRS lien rights, entitling IRS to a share of sale proceeds, despite payment of allowed claim in full through the plan.
Issue(s)
Was IRS bound to the amount of its secured claim as stated in and paid pursuant to confirmed chapter 13 plan or was it entitled to payment of the full amount of its claim from proceeds of sale of debtor's property by virtue of its lien?

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Consumer opinion summary, case decided on June 25, 2015 , LexisNexis #0715-102
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In re Brisco

Aug
21
2013
Ruling
Small Business Administration liens could be avoided where claim was provided for in plan.
Issue(s)
Could second mortgage held by the Small Business Administration, which did not file a proof of claim, be avoided pursuant to the terms of debtors' plan.

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Consumer opinion summary, case decided on August 21, 2013 , LexisNexis #0913-135
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Foreman v. J. Walter Constr. Co. (In re Foreman)

Nov
26
2007
Ruling
Postpetition postconfirmation wrongful death claim was not estate property and did not require amendment to schedules.
Procedural posture

The chapter 13 debtor moved to amend the schedules in her case to reflect her interest in a wrongful death claim as to her deceased husband that arose post-confirmation. The objecting parties were defendants in the wrongful death suit. The debtor contended the claim was not property of her estate under 11 U.S.C. §§ 1306(a) and 1327(b), but moved to amend her schedules and identify the asset only in case disclosure was necessary.

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Consumer opinion summary, case decided on November 26, 2007 , LexisNexis #0108-034
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In re Perry

Dec
14
2005
Ruling
Debtor was denied motion to avoid a lien since the debtor did not give the creditor sufficient notice of an intent to cramdown the creditor's interest in the chapter 13 plan.
Procedural posture

A chapter 13 matter came before the court upon movant debtor's Motion to Avoid Lien, and non-movant lienholder's opposition thereto.

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opinion summary, case decided on December 14, 2005 , LexisNexis #0206-049
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