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§ 1325(a)

Turner, In re

Ruling
Confirmation of Chapter 13 plan denied as it did not provide adequate protection or payment to secured creditor. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on December 11, 2024 , LexisNexis #0325-048

Lamb, In re

Ruling
Debtors' testimony alone, without a rational basis for the stated value, was insufficient to meet the burden of proof on valuation for purposes of cram down. (Bankr. E.D.N.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders; Retention of Lien and Distribution of Property.

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Consumer opinion summary, case decided on October 22, 2024 , LexisNexis #0125-021

McCaskey, In re

Ruling
Debtor's inability to deliver physical possession of an ATV did not constitute a material default under the Chapter 13 plan or cause to dismiss the case as it had not been shown that debtor concealed the collateral or perpetrated a fraud. (Bankr. S.D. Ala.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-072

Williams, In re

Ruling
Court could not find that the Chapter 13 debtor proposed its plan in good faith. (Bankr. D.S.C.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Plan Proposed in Good Faith.

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Consumer opinion summary, case decided on September 18, 2024 , LexisNexis #1224-071

Fedorova, In re

Ruling
Dismissal of case filed by “difficult” debtor denied as debtor was continuing to comply withthe plan by making payments and had heeded warnings about abusive filings. (Bankr. W.D.Mich.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on August 06, 2024 , LexisNexis #1024-040

Gurnari, In re

Ruling
Debtors were permitted to bifurcate a bank's secured claim as the note and mortgage maturedbefore filing of the bankruptcy case, allowing for cramdown. (Bankr. M.D. Pa.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured Claimholders.

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Consumer opinion summary, case decided on July 31, 2024 , LexisNexis #1024-022

Aguirre, In re

Ruling
Conversion to Chapter 13 denied as futile where proposed plan failed best interests ofcreditors test and feasibility requirements. (Bankr. S.D. Cal.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Consumer opinion summary, case decided on July 15, 2024 , LexisNexis #0924-073

Vasquez, In re

Ruling
Court evaluated good faith filing requirement for Chapter 13 cases based on substantiality ofproposed repayments to creditors. (Bankr. E.D. Va.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Good Faith.

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Consumer opinion summary, case decided on July 09, 2024 , LexisNexis #0924-046

Edmondson, In re

Ruling
Debtor was not entitled to confirmation of Chapter 13 plan. (Bankr. D.N.J.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation; Allowed Secured

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on June 11, 2024 , LexisNexis #0824-045

Page, In re

Ruling
Court concluded debtors had proposed an unconfirmable plan predicated on inappropriatereamortization of long-term vehicle loans to the detriment of their unsecured creditors.(Bankr. E.D. Wash.)
Issue(s)
Confirmation of Plan; Conditions for Confirmation.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 25, 2024 , LexisNexis #0524-097