- 11 U.S.C.
In re Willis
Nov
14
2011
Ruling
Plans not proposing equal monthly payments to secured creditors could not be confirmed.
Procedural posture
The debtors in four plans proposed that their secured creditors be paid monthly, but in prorated amounts based upon the creditors' ratable shares of each monthly disbursement after deduction of the trustee's fees, the debtors' attorney's fees, and other payments. The creditors objected.
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Court
:
- 11 U.S.C.
In re Shelly
Sep
29
2011
Ruling
Case dismissed due to debtor's inability to file feasible plan.
Procedural posture
The IRS, a secured creditor in a chapter 13 bankruptcy case, filed a motion to dismiss the case on the grounds that the debtors were unable to propose a feasible plan under the requirements of 11 U.S.C.S. § 1325(a)(5)(B)(ii).
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Court
:
- 11 U.S.C.
In re Norred
Sep
21
2011
Ruling
Creditor entitled to insurance proceeds from post-confirmation destruction of vehicle only to the extent of its security interest.
Procedural posture
Chapter 13 debtors filed a motion to allocate insurance proceeds resulting from the post-confirmation destruction of a vehicle in which a creditor held a secured claim.
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Court
:
- 11 U.S.C.
In re Marrero
Sep
21
2011
Ruling
Plan providing Till rate of interest on payments to undersecured creditor could be confirmed.
Procedural posture
A secured creditor objected to the confirmation of the debtors' First Amended Plan (the Plan), asserting that the Plan was not feasible and failed to provide interest on its secured claim at a rate that would allow it to receive property of a total value equal to the allowed amount of its claim as required by 11 U.S.C.S. § 1325(a)(5).
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Court
:
- 11 U.S.C.
Orkwis v. MERS (In re Orkwis)
Sep
19
2011
Ruling
Unsecured second mortgage could be avoided only after chapter 13 discharge.
Procedural posture
Debtors filed an adversary proceeding under 11 U.S.C.S. §§ 506(a), 522(f), 1322(b)(2), against defendant second mortgagee bank to avoid as wholly unsecured the second mortgage lien encumbering the debtors' residence. The bank defaulted and the debtors requested that the mortgage lien be avoided upon entry of the judgment by default, and that it not be conditioned upon entry of discharge.
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Court
:
- 11 U.S.C.
In re Bollinger
Sep
02
2011
Ruling
Confirmation vacated due to improper inclusion of balloon payment where debtor intended to cram down secured debt.
Procedural posture
Citing Fed. R. Civ. P. 59(e), made applicable by Fed. R. Bankr. P. 9023, movant bank, a secured creditor, asked the court to alter and amend its earlier order confirming a Chapter 13 debtor's second amended plan on the ground, inter alia, that a balloon payment provision therein violated the requirement in 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I) that "periodic payments" be in "equal monthly amounts."
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Court
:
- 11 U.S.C.
Green Tree Servicing LLC v. Horner (In re Horner)
Jul
18
2011
Ruling
Objection to confirmation based on value of mobile home overruled due to debtor's expert's cost approach testimony.
Procedural posture
Objector creditor, the holder of a security interest in a mobile home occupied by debtors, a married couple, opposed confirmation of their Chapter 13 plan on the claim that the plan did not comply with the "cramdown" provisions in 11 U.S.C.S. § 1325(a)(5)(B) based on the parties' disagreements as to the value of the mobile home as collateral.
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Court
:
- 11 U.S.C.
In re Martin
Jan
26
2011
Ruling
Confirmation denied where plan dramatically decreased the principal and interest rate of mortgage and did not provide the creditor with payments over the life of the plan that totaled the present value of its allowed secured claim.
Procedural posture
The debtors filed a notice of proposed Chapter 13 plan. At issue was whether the plan complied with the requirements of 11 U.S.C.S. § 1325. No objections were filed.
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Court
:
- 11 U.S.C.
In re Collins
Dec
15
2010
Ruling
Confirmation denied due to failure to surrender property to secured creditor or pay debt in full.
Procedural posture
The Chapter 13 trustee and a creditor objected to confirmation of the debtor's Chapter 13 plan.
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Court
:
- 11 U.S.C.
Peoples Capital & Leasing Corp. v. Big3D Inc. (In re Big3D Inc.)
Oct
06
2010
Ruling
Bankruptcy court properly held creditor was not entitled to adequate protection payments to compensate for decline in value of collateral.
Procedural posture
Appellant, a secured creditor, challenged an order of the Bankruptcy Court for the Eastern District of California holding that the creditor was not entitled to adequate protection payments from the debtor to compensate it for the decline in the value of its collateral occurring between the petition date and the date the creditor filed its request for adequate protection. The court granted en banc consideration.
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Court
:
Judge or Jurisdiction information not available