§ 1322(b)(2)

Poole, In re

Ruling: 
Chapter 13 debtors are allowed to modify the terms of notes that are wholly unsecured. (Bankr.E.D. Tenn.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1219-021

Pugh, In re

Ruling: 
Creditor's objection to Chapter 13 confirmation was sustained as both the mortgage's due-on-sale clause and 11 U.S.C. § 1322(b)(2) prevented him from modifying the bank's rights withoutthe bank's consent. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on September 03,2019, LexisNexis #1019-094

Gunn, In re

Ruling: 
Undersecured mortgage creditor with debt secured by the debtor's principal residence couldrecover reasonable preconfirmation attorneys’ fees. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on June 18,2019, LexisNexis #0819-073

Battershell, In re

Ruling: 
Court had no ability to recharacterize loan payoff as a loan purchase. (Bankr. D.N.M.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-097

United States v. Yurek

Ruling: 
Evidence was sufficient to convict debtor of bankruptcy fraud as all of the elements of fraudwere present in the trial evidence. (10th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on May 21,2019, LexisNexis #0719-098

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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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on February 28,2019, LexisNexis #0419-043

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

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

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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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-023

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

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