- 11 U.S.C.
In re Venuto
Jun
06
2006
Ruling
Creditor violated discharge injunction by executing on prepetition judgment to remedy a post- cue default.
Procedural posture
Debtors moved to reopen their closed chapter 13 case to obtain further relief from the court, more specifically, for the court to enter an order staying a sheriff's sale of their residence which was scheduled for June 9, 2006.
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Court
:
- 11 U.S.C.
In re McKinney
May
17
2006
Ruling
Objection to confirmation of debtor's plan was denied since debtor was allowed to modify claim.
Procedural posture
A purchaser of a bankruptcy debtor's delinquent real estate taxes objected to confirmation of the debtor's plan which proposed to pay the purchaser through the plan, on the ground that the debtor failed to redeem the taxes timely under 11 U.S.C. § 108(b). The debtor moved for sanctions for violation of the bankruptcy stay based on the purchaser's state court action to obtain a tax deed and possession of the debtor's real property.
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Court
:
- 11 U.S.C.
In re Washington
Apr
27
2006
Ruling
Creditor's untimely objection to confirmation was allowed since creditor had a first priority lien on debtor's residence and debtor's plan proposed to modify the lien.
Procedural posture
In a debtor's bankruptcy, a creditor filed a proof of claim that asserted a security interest in the debtor's residence, and the debtor did not object to the claim. The creditor objected to confirmation of the debtor's plan on the ground that the plan undervalued the creditor's claim and failed to cure the arrearage on the claim, and the debtor asserted that the objection was barred as untimely.
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Court
:
- 11 U.S.C.
In re Fowle
Apr
20
2006
Ruling
Debtor's motion to strip down the mortgagee's lien was granted even though section 1322 prohibited bifurcation since the mortgagee failed to respond to the motion.
Procedural posture
Bankruptcy debtors'confirmed chapter 13 plan provided for treatment of a mortgagee's claim as partially secured and partially unsecured. The debtors moved to strip down the mortgagee's lien with regard to the unsecured portion of the claim, and the mortgagee did not respond to the motion. The court sua sponte questioned whether bifurcation of the mortgagee's claim was proper under 11 U.S.C. § 1322(b)(2).
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Court
:
- 11 U.S.C.
In re Tandy
Apr
18
2006
Ruling
Creditor's interest rate was properly modified in debtor's confirmed plan since the taxed property was not the debtor's principal residence.
Procedural posture
A bankruptcy debtor's plan was confirmed and provided for interest on amounts due to secured creditors, but a creditor which purchased certificates of delinquency from a state for the debtor's unpaid property taxes sought the higher statutory interest rate set out in the certificates. The creditor objected to the order confirming the debtor's plan and moved to amend the plan.
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Court
:
- 11 U.S.C.
In re Sturgill
Feb
14
2006
Ruling
Lien of a creditor holding a security interest in a mobile home could not be modified under a proposed chapter 13 plan because the lien was on the debtors 'principal residence, but the lien on the land on which the home sat could be modified by the plan.
Procedural posture
Debtors filed for chapter 13 bankruptcy protection. Creditors, a security interest holder in the debtor's mobile home and a security interest holder in the land on which the mobile home sat, objected to confirmation of the plan. The court held a confirmation hearing on the plan.
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Court
:
- 11 U.S.C.
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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Court
:
- 11 U.S.C.
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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- 11 U.S.C.
In re Mulkey
Sep
28
2005
Ruling
Debtors were denied confirmation of their chapter 13 plan where the plan unnecessarily favored education loan creditors over other unsecured creditors.
Procedural posture
After filing for chapter 13 bankruptcy protection, the debtors proposed a plan that provided for disparate treatment of unsecured creditors, namely the debtors proposed paying a higher amount on educational loans than on the debts owed to other unsecured creditors. The chapter 13 trustee objected to the confirmation of the debtors' plan under 11 U.S.C. § 1322, alleging that it discriminated unfairly against general unsecured claims.
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Court
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