In re Murray

Jun

2006

Ruling

Creditor's confirmation objection was sustained since section 1325(a)'s hanging paragraph barred debtor from cramming down creditor's secured claim.

Procedural posture

In response to the debtors'request for confirmation of their chapter 13 plan, creditor security interest holder objected to the proposed plan on the basis that its claim qualified under 11 U.S.C. § 1325(a)'s hanging paragraph and could no longer be crammed down under 11 U.S.C. § 506. The bankruptcy court held a hearing and took the issue of confirmation under advisement.

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Court :

Middle District of Georgia ( Judge Laney, III ) [ Bankruptcy Court ]

opinion summary, case decided on June 06, 2006 , LexisNexis #0806-045

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11 U.S.C.
- § 522
- § 522(f)

In re Smith

May

2006

Ruling

Court deemed that if debtors amended their schedules to exempt a portion of the value of the real property to which creditor's judicial lien attached and if that exemption were allowed, debtors could avoid the lien entirely.

Procedural posture

Debtors, husband and wife, sought to avoid, pursuant to 11 U.S.C. § 522(f), the judicial lien of a creditor that had attached to debtors'real property. The judicial lien was subordinate to a consensual, non-avoidable first mortgage lien and was senior to a consensual, non-avoidable second mortgage lien. Debtors presented evidence that the value of the property was less than the combined amount of the two mortgage liens.

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Court :

Middle District of Georgia ( Judge Laney, III ) [ Bankruptcy Court ]

opinion summary, case decided on May 16, 2006 , LexisNexis #0606-051

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11 U.S.C.
- § 541
- § 541(a)

In re Huff

Oct

2005

Ruling

Debtor's motion to substitute collateral was denied since the proceeds from the insurance policy covering the destroyed automobile collateral were payable to the creditor and thus not part of the debtor's estate.

Procedural posture

A debtor filed a motion to allow the substitution of collateral.

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Court :

Middle District of Georgia ( Judge Laney, III ) [ Bankruptcy Court ]

opinion summary, case decided on October 05, 2005 , LexisNexis #0106-118

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