§ 1330

McCutcheon, In re--Kupersmith v. McCutcheon

Ruling: 
Creditor was permitted to assert revocation claim as he retained pecuniary interest in thebankruptcy case even if his claim was disallowed. (Bankr. M.D. Ga.)
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Consumer case opionion summary, case decided on March 15,2019, LexisNexis #0519-073

Dean v. Lane (Lane)

Ruling: 
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-025

Dean v. Lane (Lane)

Ruling: 
Debtor's motion to dismiss was granted as creditors' complaint seeking to revoke debtors'chapter 13 confirmation failed to state a claim for relief prior to confirmation. (Bankr. W.D.Ky.)
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Consumer case opionion summary, case decided on August 22,2018, LexisNexis #1018-025

In re Crain

Ruling: 
Credit union's motion to dismiss chapter 13 bankruptcy case denied for it failed to object todebtor's use of incorrect value at confirmation and is now bound by value in confirmed plan.(Bankr. S.D. Tex.)
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Consumer case opionion summary, case decided on January 20,2017, LexisNexis #0217-097

In re Leverett

Chapter 13 trustee's filed a motion, pursuant to 11 U.S.C.S. § 1330, to revoke the order confirming the debtors' chapter 13 plan as procured by fraud.
Ruling: 
Failure to disclose pending criminal case was not grounds for revocation of confirmation.
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Consumer case opionion summary, case decided on January 23,2013, LexisNexis #0213-066

In re Miller

The chapter 13 debtors brought an adversary proceeding against creditor, the second mortgagee on their residence, seeking to modify and cram down the part of the mortgage that exceeded the appraised value of the residence. The second mortgagee sought reconsideration of the modification order and dismissal of the adversary complaint, arguing it had not been properly served under Fed. R. Bankr. P. 7004(h).
Ruling: 
Confirmation order revoked due to improper service upon second mortgagee whose mortgage debtor sought to cram down.
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Consumer case opionion summary, case decided on May 14,2010, LexisNexis #0710-098

Foster v. Onyx Inv. L.L.C. (In re Foster)

Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.
Ruling: 
Court ruled that the debtors could avoid the creditor's lien, assigned to the creditor by a predecessor in interest, since the debtors confirmed plan stripped away the lien and discharged the underlying debt.
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In re Thomas

Bankruptcy debtors'chapter 13 plan provided for payment of the debtors'federal tax liability and the plan was confirmed, but the government subsequently filed a proof of claim for substantially greater tax liability. The debtors stipulated to the claim, and the bankruptcy court considered whether debtors and their counsel intentionally misrepresented the debtors'tax liability.
Ruling: 
Order confirming the debtors'plan was vacated, and sanctions were imposed on the debtor 's counsel based on intentional misrepresentations of the debtor 's tax liability that constituted fraud.
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