Glenn, In re--21st Mortg. Corp. v. Glenn
Aug
13
2018
Ruling
Delivery and setup costs must not be included in the valuation of a retained mobile home in a chapter 13 proceeding. (5th Cir.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Rucker, In re
Jul
03
2018
Ruling
Court set the replacement value of the manufactured home and accepted creditor's valuation but reduced the amount to account for certain faults. (Bankr. S.D. Miss.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim; Valuation In Individual Debtor Chapter 7 or Chapter 13 Cases.
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Court
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Burton, In re
May
16
2018
Ruling
Value of debtor's vehicle should be the price a retail merchant would charge for property of that kind considering the age and condition of the property as debtor's intended use was personal. (Bankr. D. Del.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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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
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Judge or Jurisdiction information not available
Blackwell, In re
Mar
05
2018
Ruling
Confirmation of debtors' chapter 13 plan was denied as it did not stand in a confirmable posture after the court accepted the valuation of the real estate. (Bankr. S.D. W. Va.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
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Schmidt, In re
Jan
12
2018
Ruling
Bank's claims could not be deemed unsecured as the claims were parts of a single loan, secured by one mortgage on debtor's primary residence. (Bankr. D. Kan.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
:
- 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
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Weikle, In re
Sep
13
2017
Ruling
Debtors' land and home could not be valued separately because debtors did not rebut thepresumption that they intended the home to be a part of their real estate. (Bankr. S.D. W. Va.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
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Hatch, In re
Aug
30
2017
Ruling
Court determined that no portion of the bank's claim was allowed as a secured claim basedon debtors' valuation. (Bankr. E.D. Cal.)
Issue(s)
Determination of Secured Status; Bifurcation of Claim.
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Court
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