- 11 U.S.C.
In re Mayberry
Jan
11
2013
Ruling
Plan proposing to deal with mortgage loan through modification could be confirmed absent objection from creditor.
Procedural posture
Before the court was the "Motion of Chapter 13 Trustee to Dismiss Case" seeking dismissal of debtor's chapter 13 case under 11 U.S.C.S. § 1307(c)(1) on the grounds that debtor's unconfirmed chapter 13 plan failed to properly account for all claims filed in the case, thereby creating an unreasonable delay prejudicial to creditors.
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Court
:
- 11 U.S.C.
In re Stampley
Nov
13
2012
Ruling
Lien claim based on judgment of dissolution allowed over debtor's objection.
Procedural posture
In tandem with a motion to confirm a chapter 13 plan, debtor objected to his ex-wife's Proof of Claim (POC) and sought orders voiding the related judicial lien per 11 U.S.C.S. § 522(f)(1) on the basis that it impaired the homestead exemption claimed per Mont. Code Ann. § 70-32-201. The ex-wife objected to confirmation on claims that payment of her claim was required by 11 U.S.C.S. § 1322(a)(2), 11 U.S.C.S. § 507(a)(1) or 11 U.S.C.S. § 1325(a)(5).
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Court
:
- 11 U.S.C.
In re Perry
Oct
09
2012
Ruling
Debtor authorized to surrender real property to creditor mortgagee if foreclosure was not commenced within 60 days.
Procedural posture
Debtor filed a motion for an order approving surrender of her real property to creditor mortgagee and to modify her chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Nance
Jun
22
2012
Ruling
Averaging method used to establish value of debtor's vehicle for cram down purposes.
Procedural posture
Chapter 13 debtors objected to a proof of claim filed by a creditor. At issue was how to value a vehicle for purposes of determining the amount due to the creditor under the debtors' chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Holliday
May
04
2012
Ruling
Plan confirmed over objections as providing adequate protection for creditors.
Procedural posture
Objectors, certain creditors holding allowed secured claims, opposed the motion of chapter 13 debtors, a married couple, for confirmation of their second amended chapter 13 Plan. The objections related to whether the provisions of the plan afforded "adequate protection" to each such creditor.
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Court
:
- 11 U.S.C.
In re Snyder
Apr
02
2012
Ruling
Confirmation denied as debtor could not surrender one parcel of real property and cram down claim secured by others.
Procedural posture
This matter came before the court for an evidentiary hearing on the confirmation of debtors' amended chapter 13 plan, which drew a creditor's objection.
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Court
:
- 11 U.S.C.
In re Nguyen
Apr
02
2012
Ruling
Confirmation of nonconsensual plan denied where balloon payment violated requirement for equal monthly payments.
Procedural posture
A creditor objected to the confirmation of a chapter 13 debtor's plan, asserting that 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I)'s requirement for equal monthly payments necessarily precluded payment of its secured claim through a balloon payment as provided in the plan.
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Court
:
- 11 U.S.C.
In re Holliday
Feb
23
2012
Ruling
Confirmation denied where plan did not offer adequate protection to auto financing and equipment leasing companies.
Procedural posture
Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a first amended plan for repaying debts they owed. An auto finance company and an equipment leasing company filed objections to confirmation of the debtors' plan, contending that the plan could not be confirmed under 11 U.S.C.S. § 1325(a)(5)(B)(iii)(I) and (II).
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Court
:
- 11 U.S.C.
In re Smith
Feb
06
2012
Ruling
Objection to amended plan by creditor holding purchase money note secured by 910 vehicle sustained.
Procedural posture
A creditor of chapter 13 debtor filed an objection to the debtor's post- confirmation fourth amended chapter 13 plan.
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Court
:
- 11 U.S.C.
In re Kirk
Jan
23
2012
Ruling
Plan proposing to pay administration and attorneys' fees before paying creditors could not be confirmed.
Procedural posture
The court announced that it would confirm the debtors' third amended plan only if it were modified to provide for payments to a purchase-money auto lender in equal monthly installments without being delayed in deference to payment of administrative expenses, and in particular attorney's fees. Counsel for the debtors objected and asked the court to confirm the plan without requiring any change in the timing and application of plan payments.
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Court
: