- 11 U.S.C.
In re Brown
Nov
09
2007
Ruling
Plan could not simultaneously seek to cure default and modify secured claim in motor vehicle.
Procedural posture
The debtor moved for confirmation of her proposed chapter 13 plan. The creditor which held a security interest in the debtor's vehicle filed an objection as well as a motion for relief from the automatic stay or for adequate protection. The creditor contended that the debtor improperly bifurcated its secured claim in contravention of the unnumbered, hanging paragraph following 11 U.S.C. § 1325(a)(9).
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Court
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