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§ 506(a)

In re Dixon

Ruling
Property valuation modified downward based on amount of swampland on debtor’s property.(Bankr. S.D.W. Va.)
Issue(s)
What was proper valuation of debtor’s property that served as collateral for creditor’s loan?

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Consumer opinion summary, case decided on July 26, 2016 , LexisNexis #0816-071

In re Jude

Ruling
Plan ordered amended in accordance with findings regarding value of mobile home or otherwise dismissed.
Issue(s)
Should confirmation be denied due to improper valuation of debtor’s mobile home?

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Consumer opinion summary, case decided on June 24, 2016 , LexisNexis #0716-068

In re Hardy

Ruling
Confirmation denied due to improper valuation of manufactured home and treatment of secured claim.
Issue(s)
Was debtor’s plan required to set value of manufactured home as of the petition date in order to be confirmable?

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Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #0716-043

In re Solis

Ruling
Motor vehicle collateral valued with creditors bearing burden of proof.
Issue(s)
What was the replacement value of debtor's 2008 vehicle.

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Consumer opinion summary, case decided on April 15, 2016 , LexisNexis #0516-045

First Southern Natl Bank v. Sunnyslope Hous. Ltd. Pship (In re Sunnyslope Hous. Ltd. Pship)

Ruling
Plan confirmation reversed due to improper treatment of secured claim.
Issue(s)
Whether the value of lienholder's secured interest in housing project should be reduced by the impact of affordable housing restrictions from the original government financing?

ABI Membership is required to access the full summary of First Southern Natl Bank v. Sunnyslope Hous. Ltd. Pship (In re Sunnyslope Hous. Ltd. Pship) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 08, 2016 , LexisNexis #0516-014

Chagolla v. JP Morgan Chase Bank N.A. (In re Chagolla)

Ruling
Bankruptcy court erred in refusing to hear debtors' motion to value property and strip off allegedly unsecured lien.
Issue(s)
Could debtors reopen their case six years after it was closed for the sole purpose of filing a lien avoidance motion?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 09, 2016 , LexisNexis #0316-016

Sligh v. North Point I Condo. Assn (In re Sligh)

Ruling
Condominium association's lien could be treated as unsecured.
Issue(s)
Could condominium association lien that was subordinate to a first mortgage be treated as unsecured?

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Consumer opinion summary, case decided on December 03, 2015 , LexisNexis #1215-113

In re Travers

Ruling
Wholly unsecured junior lien could be avoided as Sixth Circuit precedent was not affected by the U.S. Supreme Court's decision in Caulkett.
Issue(s)
Could wholly unsecured junior lien be avoided in light of the U.S. Supreme Court's decision in Caulkett?

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Consumer opinion summary, case decided on November 16, 2015 , LexisNexis #1215-046

Santiago v. Cooperativa de Ahorro y Credito de Arecibo (In re Santiago)

Ruling
Claim secured by motor vehicle could be bifurcated into secured and unsecured portions.
Issue(s)
Did proper valuation of motor vehicle securing creditor's loan support bifurcation of the claim into secured and unsecured portions?

ABI Membership is required to access the full summary of Santiago v. Cooperativa de Ahorro y Credito de Arecibo (In re Santiago) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 05, 2015 , LexisNexis #1215-010

In re Gensler

Ruling
Manufactured home valued without deducting cost of removal and relocation.
Issue(s)
What was the proper valuation of debtor's manufactured home?

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Consumer opinion summary, case decided on October 23, 2015 , LexisNexis #1115-080