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§ 1322(b)(2)

In re Robinson

Feb
10
2006
Ruling
Court ruled that the debtor could modify the interest rates that secured creditors received in a chapter 13 case.
Procedural posture

Debtor filed a voluntary chapter 13 bankruptcy petition. Before the court were Objections to Confirmation of two creditors.

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opinion summary, case decided on February 10, 2006 , LexisNexis #0306-074
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Griffey v. U.S. Bank (In re Griffey)

Dec
12
2005
Ruling
Court reversed an order dismissing the debtor's lawsuit against a creditor because the lien holder's unsecured claim could be modified by the debtor's chapter 13 plan.
Procedural posture

Plaintiffs, debtors, appealed an order of the bankruptcy court that denied their motion for reconsideration and entry of default. The debtors had brought a complaint against defendant creditor to "strip off" the creditor's second mortgage on their primary residence. Although the creditor did not respond, the bankruptcy court dismissed the complaint based on its interpretation of 11 U.S.C. § 1322(b)(2).

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on December 12, 2005 , LexisNexis #0106-033
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