- 11 U.S.C.
In re Fells
Oct
23
2007
Ruling
Lien on mobile home that was debtors' principal residence could not be bifurcated.
Procedural posture
The debtors filed for relief under chapter 13 and submitted a proposed plan. A creditor filed an objection to the proposed plan. The court issued findings of fact and conclusions of law.
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Court
:
- 11 U.S.C.
In re Oliveira
Oct
12
2007
Ruling
Security interest in manufactured home but not in underlying real property was not protected from modification.
Procedural posture
Two debtors filed separate actions under chapter 13, and plans for repaying their creditors. A creditor filed an objection to both plans, claiming that the debtors should not be allowed to bifurcate a secured claim the creditor held on each home into secured and unsecured portions because the debtors used the homes as their principal residence.
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Court
:
- 11 U.S.C.
In re Oliveira
Oct
11
2007
Ruling
Loans secured by security interest in manufactured homes, but not real property on which they were situated, were not protected from bifurcation.
Procedural posture
A creditor objected to the confirmation of debtors' chapter 13 plans proposed in their respective cases. The creditor contended that its debts, which were secured only by perfected security interests in the debtors'manufactured homes but not by the real property upon which the homes were situated, was protected from modification under 11 U.S.C. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Bartolome
Sep
21
2007
Ruling
Claim secured by mobile home that was not real property under state law was not protected from bifurcation.
Procedural posture
A creditor filed an objection to confirmation of debtor's chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Edmunds
Aug
31
2007
Ruling
Lien on property in which there was equity could not be modified.
Procedural posture
A creditor held a judgment lien against the debtors. The debtors filed a motion to strip off the lien pursuant to 11 U.S.C. § 522(f). The debtors contended that the lien impaired their homestead exemption. The debtors further contended that the creditor's claim was unsecured and thus could be stripped off under section 522(f).
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Court
:
- 11 U.S.C.
In re McLain
Aug
30
2007
Ruling
Whether a mobile home is to be considered real property is determined by state law.
Procedural posture
The debtor filed for relief under chapter 13. The debtor owned a mobile home and the creditor was listed as the secured creditor for the mobile home. The creditor objected to the debtor's proposed chapter 13 plan, pursuant to 11 U.S.C. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Manning
Aug
02
2007
Ruling
Debtor could bifurcate claim partially secured by double wide motor home not attached to real property.
Procedural posture
Defendant, a chapter 7 debtor, filed a motion pursuant to Fed. R. Civ. P. 60(b)(1), (2) and (5), as incorporated by Fed. R. Bankr. P. 9024, to vacate an order entering a default judgment finding a debt owed by him to be nondischargeable per 11 U.S.C. § 523(a)(2) on a claim that the judgment was void by reason of plaintiff creditor's failure to obtain service, on defendant, of the summons, complaint, and pretrial order.
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Court
:
- 11 U.S.C.
In re Collins
Jul
19
2007
Ruling
Confirmation denied due to requirement that trustee not pay any mortgage payment increases or decreases absent plan modification.
Procedural posture
A mortgagee objected to the confirmation of debtors' chapter 13 plan, contending that the plan impermissibly modified its rights under 11 U.S.C. § 1322(b)(2) as evidenced by a loan and security agreement along with a deed of trust pledging the debtors'residence as security for the loan.
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Court
:
- 11 U.S.C.
In re Cox
Jun
29
2007
Ruling
Anti-cramdown provision applied only to secured claims and real property and did not apply to principal residence that was a motor home.
Procedural posture
The debtor filed a petition under chapter 13 and a plan for repaying her creditors. A creditor that held a mortgage on a mobile home the debtor owned filed an objection to the debtor's plan because it proposed to modify the creditor's rights by paying the creditor less than the full amount of its claim.
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Court
:
- 11 U.S.C.
HSBC v. Lunger (In re Lunger)
Jun
29
2007
Ruling
Mortgage on debtors'primary residence could not be modified.
Procedural posture
Respondent debtors filed a petition under chapter 13, and a plan for repaying their creditors. Objector mortgagee filed an objection to the plan.
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Court
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