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In re Hudak

The debtor's fourth amended chapter 13 plan of reorganization was before the court. A limited objection thereto filed by her mortgage creditor asserted that certain provisions impermissibly modified the contractual deed of trust rights and lien claim in violation of 11 U.S.C.S. § 1322(b). The debtor argued that the creditor's future failure to comply with the specified language would violate the discharge injunction under 11 U.S.C.S. § 524(i).
Ruling: 
Plan requirement that creditor deem prepetition arrearage contractually current upon confirmation was not an impermissible modification.
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Consumer case opionion summary, case decided on October 24,2008, LexisNexis #1108-128

In re Hudak

A debtor filed a fourth amended chapter 13 plan of reorganization. A creditor filed a limited objection to the plan, alleging that certain provisions impermissibly modified its secured lien in contravention of 11 U.S.C.S. § 1322(b)(2) and were otherwise violative of 11 U.S.C.S. § 1322(b)(5). The creditor also alleged that 11 U.S.C.S. § 524(i) did not apply.
Ruling: 
Confirmation of debtor's fourth amended chapter 13 plan denied due to impermissible modification of creditor's secured lien.
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Consumer case opionion summary, case decided on October 20,2008, LexisNexis #1208-053

In re Pfeiler

The debtors filed for relief under chapter 13 and submitted a proposed first plan and an amended plan. A chapter 13 trustee filed objections to confirmation of the first plan and the amended plan because the debtors did not propose a 60-month plan.
Ruling: 
Court rejected "snapshot" income analysis in holding that debtors were "above median" and required to submit plan with term of five years.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-127

In re Sanchez

The Standing chapter 13 trustee objected to confirmation of the plan of an above-median-income debtor on the grounds that it was not a 60-month plan as required under 11 U.S.C.S. § 1325(b)(4).
Ruling: 
Above-median debtor's plan could not be confirmed as proposing only partial repayment of unsecured creditors over less than five years.
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Consumer case opionion summary, case decided on September 12,2008, LexisNexis #1008-128