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§ 1325(a)

In re Jones

Ruling
Plan modification denied for failure to meet good faith requirement.
Issue(s)
Could chapter 13 debtor surrender a motor vehicle and modify the plan to reduce payments?

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Consumer opinion summary, case decided on September 24, 2015 , LexisNexis #1115-028

In re Cotton

Ruling
Debtors not entitled to payment of remaining insurance proceeds from vehicle accident where allowed claim of creditor secured by vehicle had not been paid in full.
Issue(s)
Whether motor vehicle creditor's lien covers insurance proceeds in excess of its allowed secured claim?

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Consumer opinion summary, case decided on September 22, 2015 , LexisNexis #1015-066

In re Hernandez

Ruling
Plan that proposed payments to secured creditor beginning with first payment after confirmation could be confirmed.

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Consumer opinion summary, case decided on September 18, 2015 , LexisNexis #1015-067

In re Stewart

Ruling
Debtor could surrender title to LLC that serviced the mortgage on the property.
Issue(s)
Could debtor obtain an order to surrender title to property directly to the LLC that serviced a mortgage on the property?

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Consumer opinion summary, case decided on September 01, 2015 , LexisNexis #0915-135

In re Zair

Ruling
Confirmation granted over objection of secured creditor to whom debtor's non-residential property would be surrendered under the plan.
Issue(s)
Whether debtors may confirm a chapter 13 plan which provides, inter alia, that certain residential real property at which debtors do not reside may be surrendered and vested in a secured creditor over that secured creditor's objection?

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Consumer opinion summary, case decided on August 13, 2015 , LexisNexis #0915-032

In re Ware

Ruling
Debtor not required to physically surrender vehicle that was stolen.
Issue(s)
Was debtor required to physically deliver a motor vehicle when debtor was incapable of doing so through no fault of her own due to theft?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 10, 2015 , LexisNexis #0815-065

In re Jones

Ruling
Till rate of interest was appropriate in cramdown.
Issue(s)
What was the appropriate rate of interest on cramdown of mortgage loan on debtors'manufactured home?

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Consumer opinion summary, case decided on August 03, 2015 , LexisNexis #0815-133

In re Perdum

Ruling
Plan that did not allow for payment of allowed, secured claim could not be confirmed.

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Consumer opinion summary, case decided on July 30, 2015 , LexisNexis #1015-026

In re Morales

Ruling
Bankruptcy court overruled trustee's proposed valuation of debtor's pending cause of action.
Issue(s)
Was trustee's proposed valuation of debtor's interest in class action by multiplying the amount of the judgment requested times the probability of success the correct valuation?

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Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-133

In re Tyndale

Ruling
Chapter 13 plan confirmed over objection by city that did not establish that it had suffered an injury in fact.
Issue(s)
Should bankruptcy court orders for redemption of property sold at tax sale and subsequent confirmation of debtor's chapter 13 plan be reversed on appeal by city?

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Consumer opinion summary, case decided on July 02, 2015 , LexisNexis #0715-134