S-Tek 1, LLC, In re
Dec
09
2021
Ruling
Creditor in Subchapter V case that elected to treat its entire claim as secured was entitled tovote its impaired secured claim but relinquished its right to vote as an unsecured creditor.(Bankr. D.N.M.)
Issue(s)
Claims and Interests; Claims Secured by Liens.
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Judge or Jurisdiction information not available
VP Williams Trans, LLC, In re
Sep
29
2020
Ruling
Creditor's election of secured status for claim based on security interest in debtor’s taximedallion was timely, effective and not waived. (Bankr. S.D.N.Y.)
Issue(s)
Claims and Interests; Claims Secured by Liens.
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Court
:
- 11 U.S.C.
Murray Metallurgical Coal Holdings, LLC, In re
Aug
08
2020
Ruling
Creditor could not elect to treat its claim as fully secured where collateral was being soldunder the plan and forfeited any right it had to credit bid on the collateral alone when itconsented to the bidding procedures. (Bankr. S.D. Ohio)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.
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Court
:
Stephanie's Too, LLC, In re
Jan
09
2020
Ruling
Partially secured creditor permitted to cast ballot on debtor's plan where creditor's claim wasscheduled as undisputed. (Bankr. D.N.J.)
Issue(s)
Claims and Interests; Proof of Claim Deemed Filed as Scheduled.
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Judge or Jurisdiction information not available
I & I Pizza of Atlanta, Inc., In re--I & I Pizza of Atlanta, Inc. v. Black
Jul
02
2019
Ruling
Late-filed proofs of claims disallowed in absence of excusable neglect despite debtor’s failureto schedule the claims as disputed and unliquidated. (Bankr. N.D. Ga.)
Issue(s)
Claims and Interests; Proof of Claim Deemed Filed as Scheduled.
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Court
:
- 11 U.S.C.
Pioneer Carriers, LLC, In re
Feb
08
2018
Ruling
Court ruled that an undersecured creditor who elects the application of § 1111(b) is entitledto its post-petition attorneys' fees as part of its secured claim. (Bankr. S.D. Tex.)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.
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Court
:
- 11 U.S.C.
Transwest Resort Props., In re--JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Props.
Jan
25
2018
Ruling
Plan involving an electing creditor was not required to contain a due-on-sale clause. (9th Cir.)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Transwest Resort Props., In re--JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Props.
Jan
25
2018
Ruling
Plan involving an electing creditor was not required to contain a due-on-sale clause. (9th Cir.)
Issue(s)
Claims and Interests; Claims Secured by Liens; Election of Secured Status.
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Judge or Jurisdiction information not available
Salamon, In re--Mastan v. Salamon
Apr
20
2017
Ruling
Creditor could not transform its non-recourse claim into a recourse claim as the property securing the lien had already been foreclosed upon by a senior lienholder. (9th Cir.)
Issue(s)
Claims and Interests; Claims Secured by Liens.
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Court
:
9th Circuit ( ) [ Circuit Court ]
- 11 U.S.C.
In re AT-NET Services-Charlotte Inc.
Aug
17
2015
Ruling
Undersecured creditor's claim against debtor's receivables was not of inconsequential value and could be elected to be treated as secured.
Issue(s)
Whether undersecured creditor's interest is "of inconsequential value" which would prevent the creditor from electing to have its entire claim treated as secured.
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Court
: