Feb
28
2019
Guice, In re
Ruling:
Anti-modification protections did not apply to debtor's proposed cramdown as creditor wassecured by both a security interest and a judgment lien against the debtor's condo. (Bankr.D.N.J.)
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Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-043
Court: Judge or Jurisdiction information not available
Feb
24
2019
Heiser, In re
Ruling:
Debtor was allowed to treat creditor's installment land contract as a residential mortgage thatcan be cured during the plan's five-year term. (Bankr. M.D. Pa.)
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Consumer case opionion summary, case decided on February 24,2019, LexisNexis #0419-021
Sep
25
2018
Hansen, In re
Ruling:
Confirmation of debtors' chapter 13 plan was granted as debtor did not impermissibly modify his secured claim because the lien was not a security interest but rather a nonconsensual statutory mechanic's lien. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on September 25,2018, LexisNexis #1118-056
Sep
28
2018
Recinos
Ruling:
Plan was subject to anti-modification prohibition as it specifically asserted that the propertyat issue was the debtor's principal residence rather than an investment property. (Bankr. D.Nev.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-023
Court: Judge or Jurisdiction information not available
Jul
20
2018
Monahan, In re--Monahan v. Fore River, L.L.C.
Ruling:
Defendant's mortgage was wholly unsecured and was stripped off as the first mortgage exceeded the property's value. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on July 20,2018, LexisNexis #0818-116
Jul
09
2018
Foster, In re
Ruling:
Bankruptcy court allowed to approve chapter 13 plan that proposes to cure, over its course,both pre-petition and post-petition mortgage arrears on a mortgage instrument secured by thedebtor's principal residence. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on July 09,2018, LexisNexis #0818-081
Jun
05
2018
Quinn, In re
Ruling:
Debtor's chapter 13 plan could not be confirmed as it unfairly discriminated against unsecured creditors who received nothing under the plan. (Bankr. E.D. Mich.)
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Consumer case opionion summary, case decided on June 05,2018, LexisNexis #0718-059
Jan
24
2018
Simpson, In re
Ruling:
Debtor could cure the default of pre-petition payments and maintain the original postpetitionpayment schedule for the note while case was pending. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on January 24,2018, LexisNexis #0618-085
May
08
2018
Lee, In re
Ruling:
Debtor's objection sustained where terms of a confirmed plan had preclusive effect to themortgage arrearage amount provided for in the plan. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on May 08,2018, LexisNexis #0618-057
Apr
30
2018
Craig, In re
Ruling:
Objection to plan was sustained where court found that the appraisal offered by debtors wasless reliable than that offered by the bank due to appraiser's mistake. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on April 30,2018, LexisNexis #0618-024
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