- 11 U.S.C.
Branch Banking & Trust Co. v. Coffia (In re Coffia)
Mar
23
2010
Ruling
Plan confirmed over creditor's objection with regard to ability to pursue deficiency.
Procedural posture
A creditor filed an objection to confirmation of the chapter 13 debtors' plan on the grounds that it provided for the surrender of real property in full satisfaction of the creditor's secured claim under 11 U.S.C.S. § 1325(a)(5)(C) without providing the creditor recourse to pursue any deficiency.
ABI Membership is required to access the full summary of Branch Banking & Trust Co. v. Coffia (In re Coffia) 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 Amidon
Feb
02
2010
Ruling
Debtors could not deduct mortgage payments on home intended for surrender from monthly disposable income.
Procedural posture
A chapter 13 trustee objected to confirmation of the debtors' proposed plan. The parties agreed that before the other confirmation issues could be addressed, one threshold question had to be resolved: whether, in calculating the debtors' monthly disposable income, they could deduct certain mortgage expenses on a home that they intended to surrender pursuant to 11 U.S.C.S. § 1325(a)(5)(C).
ABI Membership is required to access the full summary of In re Amidon 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 Gray
Nov
24
2009
Ruling
Confirmation denied due to insufficient information regarding interest rate, failure to pay both principal and interest and improper balloon payment.
Procedural posture
Debtors moved to confirm their amended chapter 13 plan. The amended plan modified the rights of secured creditor pursuant to 11 U.S.C.S. § 1322(b)(2). The creditor had previously objected to the debtors' initial proposed plan, but before the objection was resolved, the debtors filed the amended plan. The issue was whether the interaction of 11 U.S.C.S. §§ 1322(b)(2), 1322(b)(5), 1322(c)(2), 1322(e) and 1325(a)(5) allowed the modification.
ABI Membership is required to access the full summary of In re Gray 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 Smith
Sep
09
2009
Ruling
Debtor's exercise of option to purchase leased minivan within 910 days of petition date created a secured claim that was protected from bifurcation.
Procedural posture
Chapter 13 debtors sought confirmation of a plan that provided for payment of less than the amount owed on a secured claim held by creditor lender. The lender objected.
ABI Membership is required to access the full summary of In re Smith 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 Sneijder
Jul
02
2009
Ruling
Debtor's surrender of real property in satisfaction of debt was subject to creditor's potential deficiency claim.
Procedural posture
The debtor moved to expunge a secured creditor's proof of claim, where the debtor proposed to surrender the collateral real property in full satisfaction of the loan under her plan proposed under 11 U.S.C.S. § 1325(a)(5)(C). A proposed foreclosure sale for the property to be surrendered was not scheduled for another 90 days.
ABI Membership is required to access the full summary of In re Sneijder Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DaimlerChrysler Fin. Servs. Ams. LLC v. Miller (In re Miller)
Jun
05
2009
Ruling
Bankruptcy court erred in allowing debtor to surrender vehicle in full satisfaction of debt where state law provided for deficiency.
Procedural posture
Chapter 13 debtors proposed to surrender their vehicle in full satisfaction of the remaining debt to a secured creditor pursuant to 11 U.S.C.S. § 1325(a)(5)(C). The United States Bankruptcy Court for the Western District of Louisiana confirmed the chapter 13 plan over the creditor's objection. the appellate court granted the creditor's request for leave to take a direct appeal from the bankruptcy court.
ABI Membership is required to access the full summary of DaimlerChrysler Fin. Servs. Ams. LLC v. Miller (In re Miller) 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
- 11 U.S.C.
In re Hernandez
Apr
14
2009
Ruling
Possibility of lack of adequate protection in the future was not grounds for denial of confirmation.
Procedural posture
Pursuant to 11 U.S.C.S. § 1324 and § 1325(a)(5), creditor filed an objection to confirmation of the debtor's proposed chapter 13 plan. At issue was whether the plan would provide the creditor, which held a security interest in the debtor's vehicle, with adequate protection and equal payments, pursuant to 11 U.S.C.S. § 1325(a)(5)(B)(iii).
ABI Membership is required to access the full summary of In re Hernandez 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 Stuart
Mar
15
2009
Ruling
Denial of relief from stay reversed on reconsideration due to court's misreading of plan and lack of adequate protection.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying his creditors, and a creditor that filed a foreclosure action against the debtor's residence before the debtor declared bankruptcy filed a motion for relief from the stay that was imposed when the debtor declared bankruptcy. In a prior ruling, the court denied the creditor's motion. The creditor filed a motion for reconsideration.
ABI Membership is required to access the full summary of In re Stuart Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wilson v. Wells Fargo Bank (In re Wilson)
Mar
06
2009
Ruling
Denial of confirmation of plan with balloon payment affirmed where debtor did not provide any basis for reconsidering the bankruptcy court's decision.
Procedural posture
Appellant debtor sought review of a decision of the bankruptcy court for the District of Massachusetts, which sustained an objection to confirmation of the debtor's chapter 13 plan submitted by appellee creditor, and which subsequently denied the debtor's motion for reconsideration.
ABI Membership is required to access the full summary of Wilson v. Wells Fargo Bank (In re Wilson) 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
- 11 U.S.C.
Hamilton v. Wells Fargo Bank (In re Hamilton)
Mar
06
2009
Ruling
Confirmation of plan calling for balloon payment in 60th month properly denied.
Procedural posture
Chapter 13 debtor challenged an order of the bankruptcy court for the District of Massachusetts, that sustained the objection of appellee, the secured mortgagee's representative, to the debtor's proposed plan, which called for a balloon payment in the 60th month to pay off the balance of the secured portion of the claim.
ABI Membership is required to access the full summary of Hamilton v. Wells Fargo Bank (In re Hamilton) 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