- 11 U.S.C.
Montreal, Me. & Atl. Ry., In re--Wheeling & Lake Erie Ry. Co. v. Keach
Apr
09
2020
Ruling
BC's finding that the creditor did not carry its burden of proof of value of claims was notclearly erroneous. (1st Cir.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Mintz, In re--Mintz v. CitiBank, NA
Aug
17
2018
Ruling
Debtors were allowed to avoid judgment lien as the bank's lien impaired the homestead exemption they were allowed to claim under Ohio Rev. Code Ann. § 2329.66. (Bankr. N.D. Ohio)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Court
:
- 11 U.S.C.
Jones, In re
Apr
20
2018
Ruling
Court concluded that creditor's claim was subject to bifurcation as the collateral did not secure sums advanced to pay for optional gap insurance and vehicle maintenance contracts. (Bankr. W.D. Wash.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Court
:
- 11 U.S.C.
Austin, In re--United States v. Austin
Apr
09
2018
Ruling
Appellate panel reversed bankruptcy court's order sustaining debtors' objection to the IRS'sproof of claim after debtors failed to present substantial evidence sufficient to overcome thepresumption of the validity and amount of the IRS's proof of claim. (B.A.P. 8th Cir.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Archdiocese of St. Paul & Minneapolis, In re
Dec
28
2017
Ruling
Court denied confirmation of the creditor committee's plan as it made no provisions for thesecured claims involved. (Bankr. D. Minn.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Court
:
- 11 U.S.C.
Sunnyslope Hous. L.P., In re--First Southern Nat'l Bank v. Sunnyslope Hous. L.P.
Jun
23
2017
Ruling
Bankruptcy court did not err in valuing an apartment complex assuming its continued use after reorganization as low-income housing. (9th Cir.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Boston
Dec
02
2016
Ruling
Gap insurance and service contract could be considered part of car lender’s secured claim forcramdown purposes. (Bankr. W.D. Mo.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation of Creditor’s Interest.
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Court
:
- 11 U.S.C.
In re Tamir
Aug
10
2015
Ruling
Mortgage claims allowed over debtor's objection.
Issue(s)
Did creditors' supplemental filings by the three lenders, when viewed in conjunction with their original proofs of claim, constitute amended proofs of claim that could be allowed over debtor's objection?
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Court
:
- 11 U.S.C.
In re Fuqua
Jun
10
2015
Ruling
Chapter 13 plan confirmation denied given need to determine valuation of property near proposed confirmation date after substantial passage of time since petition date.
Issue(s)
Where two creditors objected to confirmation of debtor's chapter 13 plan, the issue was the appropriate date for determining the value of real property under 11 U.S.C.S. § 506(a)(1) in a case that was converted from chapter 7 almost two years after the initial petition date.
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Court
:
- 11 U.S.C.
In re McCann
Oct
16
2014
Ruling
Modification approved subject to striking of nonstandard or special provisions.
Issue(s)
Could debtor modify a chapter 13 plan to surrender a house and lot to the creditor holding a security interest in the same?
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Court
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