- 11 U.S.C.
In re Casas
Sep
28
2014
Ruling
Debtor could avoid junior lien on residence where creditor could not demonstrate that it was secured.
Issue(s)
Could debtor avoid a junior lien as unsecured?
ABI Membership is required to access the full summary of In re Casas Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Fair v. First Choice Am. Cmty. Fed. Credit Union (In re Fair)
Jul
21
2014
Ruling
Petition date was the appropriate valuation date for determining secured status of lien.
Issue(s)
What is the appropriate date on which to value the debtor's residence for purposes of determining a second lienor's secured status?
ABI Membership is required to access the full summary of Fair v. First Choice Am. Cmty. Fed. Credit Union (In re Fair) 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 Hey
Jun
03
2014
Ruling
Debtor entitled to valuation of collateral that would support avoidance of creditor's lien.
Issue(s)
Whether chapter 13 debtors were entitled to a determination under 11 U.S.C.S. § 506(a)(1) that a creditor's second deed of trust on their personal residence, a condominium, was not secured in any amount and thus, could be avoided.
ABI Membership is required to access the full summary of In re Hey 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 Lucero
May
23
2014
Ruling
Value of debtor's real property in Mexico determined based on fair market value.
Issue(s)
What was debtor's proper valuation of real property owned by debtor in Mexico?
ABI Membership is required to access the full summary of In re Lucero 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 Marlow Manor Downtown LLC
Mar
24
2014
Ruling
Two classes of creditors improperly classified as unimpaired where security was used up by claim that was prior in right.
Issue(s)
Were two of four classes of creditors improperly classified as secured and unimpaired?
ABI Membership is required to access the full summary of In re Marlow Manor Downtown LLC 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 114 Tenth Ave. Assocs.
Mar
25
2011
Ruling
Mortgagee held secured claim for postpetition interest on mortgage secured by foreclosed property.
Procedural posture
A mortgagee whose claim against a chapter 11 debtor's estate was previously allowed filed a demand for interest. The mortgagee alleged that interest was due from the date of a foreclosure sale at the statutory prejudgment rate of 9 percent pursuant to N.Y. C.P.L.R. 5001(a).
ABI Membership is required to access the full summary of In re 114 Tenth Ave. Assocs. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Reid v. Citadel Fin. Credit Union (In re Reid)
Jan
13
2010
Ruling
Bank entitled to compel abandonment of four parcels of real property in which there was no equity.
Procedural posture
Debtor brought an adversary proceeding against defendant, a secured creditor, seeking turnover of her recently repossessed automobile from the creditor, pursuant to 11 U.S.C.S. § 542(a). The debtor sought injunctive relief of turnover, damages, including punitive damages, and attorney's fees for violation of the automatic under 11 U.S.C.S. § 362(k).
ABI Membership is required to access the full summary of Reid v. Citadel Fin. Credit Union (In re Reid) 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 Spears
Dec
09
2009
Ruling
Debtor could not use section 506 to avoid liens in chapter 7 case.
Procedural posture
Judgment and mechanics liens were asserted against commercial real property in which a bankruptcy debtor had an interest, and the debtor moved to avoid the liens under 11 U.S.C.S. § 506(a)(1) on the ground that the outstanding loan balance secured by the property exceeded the value of the property.
ABI Membership is required to access the full summary of In re Spears Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Easthaven Marina Group LLC v. B&M Holdings LLC (In re Easthaven Marina Group LLC)
Mar
13
2009
Ruling
Faulty deed of trust gave rise to secured claim on theory of estoppel due to debtor's conduct.
Procedural posture
Debtor filed an action against a property seller alleging that the obligation asserted by the seller in its claim was invalid and unenforceable because of a faulty deed of trust. The debtor filed a motion for summary judgment.
ABI Membership is required to access the full summary of Easthaven Marina Group LLC v. B&M Holdings LLC (In re Easthaven Marina Group LLC) 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 Peaslee
Dec
22
2006
Ruling
Claim could be bifurcated where it included amounts not secured by purchase money security interest in motor vehicle.
Procedural posture
Debtor filed a chapter 13 plan. A creditor objected because it did not provide for its Secured Claim to be paid in full in accordance with the 11 U.S.C. § 1325(a)(9) Hanging Paragraph. The trustee filed a Motion which requested that the court, pursuant to 11 U.S.C. § 506(a)(1), determine that the creditor had an allowed secured claim for the $10,950 retail value of debtor's vehicle and an unsecured claim for the balance of the secured claim.
ABI Membership is required to access the full summary of In re Peaslee Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: