- 11 U.S.C.
Topp, In re--Farm Credit Servs. of Am. v. Topp
Aug
02
2023
Ruling
Bankruptcy court erred in its determination that a 4% discount rate was sufficient to ensurefull payment on the value, as of the effective date of the plan, of the secured claim. (8th Cir.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of
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Judge or Jurisdiction information not available
- 11 U.S.C.
Topp, In re
Sep
16
2021
Ruling
Court applied the treasury bond as base rate where the secured creditor held notes andmortgages against real estate. (Bankr. S.D. Iowa)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders.
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Court
:
- 11 U.S.C.
Spindler, In re
Dec
28
2020
Ruling
Re-amortized secured debt could be paid directly to the creditor as factors supported debtorspaying directly. (Bankr. W.D. Wis.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of
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:
- 11 U.S.C.
K & J Farms, LLC, In re
Oct
01
2020
Ruling
Confirmation of amended Chapter 12 plan denied for improper cramdown of FSA claim.(Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of
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- 11 U.S.C.
Fuelling, In re
May
01
2019
Ruling
Debtors' motion to use cash collateral was denied because a substitute lien in entirelydifferent collateral carried with it different risks than the lien for which creditor hadbargained. (Bankr. N.D. Iowa)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders; Retention of
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:
- 11 U.S.C.
Blake, In re
Mar
06
2018
Ruling
Court denied confirmation of debtors’ amended plan as it failed to pay a secured creditor the value of its claim as of the effective date of the plan. (Bankr. S.D. Ill.)
Issue(s)
Confirmation of Plan; Conditions; Allowed Secured Claimholders.
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:
- 11 U.S.C.
In re Hernandez
Feb
23
2016
Ruling
Direct payments to creditor on impaired secured claim approved.
Issue(s)
Whether payments to secured creditor BPPR, provided for by the chapter 12 plan should be made by the trustee, or could be made directly to the secured creditor by the debtor?
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Court
:
- 11 U.S.C.
In re Howe Farms LLC
Oct
16
2014
Ruling
Confirmation of plan proposing cram down of interest rate and payment of loan as long-term debt with twelve-year amortization and seven-year balloon payment denied.
Issue(s)
Could chapter 12 debtors' plan be confirmed over creditor bank's objection?
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- 11 U.S.C.
In re Standley
Mar
22
2013
Ruling
Confirmation denied as proposed term of payment was too long.
Procedural posture
Debtors filed a petition under chapter 12 of the Bankruptcy Code and proposed a plan for paying their creditors. After the debtors failed to make a payment that was due under their original plan, they filed an amended plan and asked the court to confirm their amended plan. Two banks that held claims against the debtors' property filed a motion to dismiss the debtors' case and an objection to confirmation of the debtor's second amended plan.
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:
- 11 U.S.C.
In re Whitten
Oct
10
2012
Ruling
Chapter 12 plan confirmation denied based on over secured creditor's objection to 25-year repayment schedule.
Procedural posture
A chapter 12 trustee and a secured creditor filed objections to the confirmation of a debtor's plan under 11 U.S.C.S. § 1225(a)(5).
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Court
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