- 11 U.S.C.
Brown, In re
Nov
15
2024
Ruling
Debtor's motion to strip off credit union's junior lien on his principal residence was denied due to failure to prove the property's value was less than the amount of the senior lien. (Bankr. D.S.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Brown, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Stevenson, In re
Nov
08
2023
Ruling
Chapter 13 plan may modify the rights of holders of secured claims. (Bankr. E.D. Va.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Stevenson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Simmons, In re--Simmons v. Pingora Loan Serv. LLC
Apr
04
2023
Ruling
Creditor's right to full repayment, whether from insurance proceeds or otherwise, prior to releasing lien, could not be modified in Chapter 13 case. (Bankr. N.D. Ala.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Simmons, In re--Simmons v. Pingora Loan Serv. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Lyles, In re
Mar
17
2023
Ruling
Debtor was permitted to bifurcate the bank's claim as the mortgage was not secured by his principal residence. (Bankr. D.N.J.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Lyles, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Lyles, In re
Mar
17
2023
Ruling
Debtor was permitted to bifurcate the bank's claim as the mortgage was not secured by his principal residence. (Bankr. D.N.J.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Lyles, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Peck, In re
Jan
12
2023
Ruling
Creditor's objection to confirmation of debtor's Chapter 13 plan overruled as the land did notmeet the requirements of the narrow cramdown exception. (Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Peck, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gregory, In re
Jan
14
2022
Ruling
Creditor's objection to debtors' plan based on valuation of property overruled. (Bankr. D.S.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Gregory, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Koziel, In re--Koziel v. Shellpoint Mortg. Servicing
Dec
29
2021
Ruling
Debtors could strip off the wholly unsecured junior lien for the purposes of the Chapter 13plan as there was no equity securing the security interest in the property. (Bankr. D. Neb.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Koziel, In re--Koziel v. Shellpoint Mortg. Servicing Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Robinson, In re--Robinson v. U.S. Bank, N.A.
Nov
29
2021
Ruling
Bank's second mortgage lien against the debtor's primary residence could be "stripped off".(Bankr. D. Del.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Robinson, In re--Robinson v. U.S. Bank, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Allende, In re--Allende v. United States HUD
Oct
08
2021
Ruling
Junior lien held by U.S. Department of Housing and Urban Development over Chapter 13debtor's residence was totally unsecured and was subject to modification after debtorcompleted all payments under the plan. (Bankr. D.P.R.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
ABI Membership is required to access the full summary of Allende, In re--Allende v. United States HUD Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available