- 11 U.S.C.
In re Vollman
Mar
21
2008
Ruling
Debtor could not discriminate against nonpriority unsecured creditors with co-obligors.
Procedural posture
A debtor filed for relief under chapter 13 of the United States Bankruptcy Code and submitted a proposed amended plan. A creditor filed an objection to the amended plan.
ABI Membership is required to access the full summary of In re Vollman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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).
ABI Membership is required to access the full summary of In re Anderson Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re Logan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Kasco
Nov
08
2007
Ruling
Tax sale purchase treated as secured claim which could be paid during term of plan.
Procedural posture
A purchaser of real property taxes owed by chapter 13 debtors filed a motion for modification of the automatic stay in order to proceed in state court against the debtors.
ABI Membership is required to access the full summary of In re Kasco Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Machado
Nov
06
2007
Ruling
Confirmation denied due to failure to channel cure payments through trustee.
Procedural posture
The debtor moved for confirmation of her proposed chapter 13 plan. The chapter 13 trustee objected because the plan: (1) discriminated in favor of nondischargeable student loan debt and against other nonpriority unsecured debt, and (2) excluded certain cure-and-maintain payments on long-term unsecured debt from the chapter 13 trustee's statutory compensation.
ABI Membership is required to access the full summary of In re Machado Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Fuller
Nov
02
2007
Ruling
Security interest in mobile home, but not in real property where located, was not protected from modification.
Procedural posture
Defendant debtor moved to dismiss an involuntary chapter 7 petition that was filed against him under 11 U.S.C. § 303 on the ground that he was not eligible to be a debtor based on his failure to comply with the credit-counseling prerequisite in 11 U.S.C. § 109(h)(1). At issue was whether a debtor against whom such an involuntary petition had been filed must comply with that prerequisite.
ABI Membership is required to access the full summary of In re Fuller Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 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.
ABI Membership is required to access the full summary of In re Fells Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re Oliveira Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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).
ABI Membership is required to access the full summary of In re Oliveira Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Frazer v. Drummond (In re Frazer)
Sep
27
2007
Ruling
Bankruptcy court erred in holding debtors were required to cure default under real estate contract within 60 days of filing.
Procedural posture
Appellant debtors filed a petition under chapter 13, and a plan for paying their creditors. Appellees, a trustee who was appointed to represent the bankruptcy estate and a creditor, filed objections to the debtors'amended plan for paying their creditors, and the Bankruptcy Court for the District of Montana sustained the objections and denied confirmation. The debtors appealed.
ABI Membership is required to access the full summary of Frazer v. Drummond (In re Frazer) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available