In re Murray
Jun
06
2006
Ruling
Creditor's confirmation objection was sustained since section 1325(a)'s hanging paragraph barred debtor from cramming down creditor's secured claim.
Procedural posture
In response to the debtors'request for confirmation of their chapter 13 plan, creditor security interest holder objected to the proposed plan on the basis that its claim qualified under 11 U.S.C. § 1325(a)'s hanging paragraph and could no longer be crammed down under 11 U.S.C. § 506. The bankruptcy court held a hearing and took the issue of confirmation under advisement.
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Court
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