- 11 U.S.C.
In re Baker
Sep
10
2008
Ruling
Confirmation denied due to improper bifurcation of secured claim.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and an amended plan for repaying their creditors. A creditor filed an objection of confirmation of the debtors'plan.
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Court
:
- 11 U.S.C.
In re Aldrich
Sep
04
2008
Ruling
Plan confirmation denied due to improper provisions concerning creditor rights.
Procedural posture
Mortgage creditor objected to confirmation of the chapter 13 plans in two chapter 13 cases. The matters were consolidated. The debtors' plans contained provisions that required court approval before the creditor assessed postpetition charges and fees.
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Court
:
- 11 U.S.C.
In re Pereira
Aug
25
2008
Ruling
Issue of stripping creditor's allegedly wholly unsecured lien had to be handled prior to or during confirmation proceeding.
Procedural posture
The debtors proposed a chapter 13 plan of reorganization that provided for the filing of an adversary proceeding to avoid the allegedly wholly unsecured second trust deed of a bank pursuant to 11 U.S.C.S. § 1322(b)(2). The chapter 13 trustee objected to that provision, arguing that he could not administer the plan until he knew whether the bank was to be treated as a secured or unsecured creditor.
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Court
:
- 11 U.S.C.
Fells v. Green Tree Servicing LLC
Aug
12
2008
Ruling
Defined.
Procedural posture
Appellant debtors sought judicial review of a bankruptcy court's final ruling sustaining appellee creditor's objection to the Chapter 13 plan proposed by the debtors. The sole issue was whether the creditor was entitled to assert the anti-modification provision of 11 U.S.C.S. § 1322(b)(2) in order to avoid a cramdown.
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Court
:
- 11 U.S.C.
In re Prevo
Aug
06
2008
Ruling
Transfer of tax liens was not a security interest and was subject to modification.
Procedural posture
A creditor of a chapter 13 debtor objected to confirmation of the debtor's chapter 13 plan on the grounds that the debtor was not permitted to modify the interest rate on the debt owed to the creditor pursuant to 11 U.S.C.S. § 1322(b)(2) and § 511.
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Court
:
- 11 U.S.C.
In re Sheffield
Jul
03
2008
Ruling
Interest rate on transferred tax lien was not protected from modification.
Procedural posture
Chapter 13 debtors sought confirmation of their plan, but a creditor objected, asserting that it was entitled to maintain its 15 percent interest rate after confirmation pursuant to 11 U.S.C.S. § 511.
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Court
:
- 11 U.S.C.
In re Meyerberg
Jun
24
2008
Ruling
Confirmation denied for failure to propose payment of current mortgage arrearage.
Procedural posture
A creditor that was a mortgage company objected to debtors' motion to confirm their chapter 13 plan. At issue was whether the plan, as required by 11 U.S.C.S. § 1322(b)(2), fully paid certain pre-petition arrearages on the mortgage that had granted by debtors to the creditor.
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Court
:
- 11 U.S.C.
McDonald v. Wells Fargo Fin.
May
30
2008
Ruling
Fixtures are "incidental property" included in debtors' residence so that mortgage thereon was protected from modification.
Procedural posture
Chapter 13 debtors, filed an adversary complaint in which they claimed that a third mortgage held on their residence by respondent mortgage company was modifiable under 11 U.S.C.S. § 1322(b)(2) on the ground that respondent's interest was in property other than real property owned by debtors.
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Court
:
- 11 U.S.C.
In re Anderson
Feb
12
2008
Ruling
Confirmation denied where conditions impermissibly modified lender's rights.
Procedural posture
Bankruptcy debtors proposed a plan which dealt with claims of lenders secured by the debtors' principal residence, and the lenders objected to confirmation of the debtors' plan on the ground that it modified and impaired the lenders' rights in violation of 11 U.S.C.S. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Logan
Dec
14
2007
Ruling
Debtor could modify secured claim against mobile home residence located on property in which debtor had no ownership interest.
Procedural posture
A chapter 13 debtor filed an objection to a creditor's fully-secured proof of claim, asserting that the "hanging paragraph" at the end of 11 U.S.C. § 1325(a) did not apply. The creditor filed an objection to the confirmation of the debtor's plan.
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Court
: