- 11 U.S.C.
In re Ball
Aug
05
2016
Ruling
Wholly unsecured second HUD mortgage lien could be avoided upon successful completionof plan. (Bankr. N.D. Ill.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
In re Denaro
Aug
05
2016
Ruling
Debtors could modify loan that was secured solely by their manufactured home and not theland on which it was placed. (Bankr. W.D.N.Y.)
Issue(s)
Could debtors modify loan secured by their manufactured home?
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Court
:
- 11 U.S.C.
Sithole v. Redstone Fed. Credit Union (In re Bevin Sithole SSN XXX-XX-3690)
Jul
01
2016
Ruling
Second mortgage on residence being rebuilt after tornado was partially secured and could not be avoided.
Issue(s)
Could second mortgage on residence being rebuilt after a tornado be avoided?
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Court
:
- 11 U.S.C.
In re Cooper
Jun
08
2016
Ruling
Debtor could not avoid either of two liens on property where there was at least one dollar ofvalue in excess of the second lien. (Bankr. E.D.N.C.)
Issue(s)
Contents of Plan; Discretionary Provisions; Modification of Claimholders’ Rights.
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Court
:
- 11 U.S.C.
In re Pittman
May
06
2016
Ruling
Plan treating tax sale purchaser's right to payment of redemption amount as secured claim could be confirmed.
Issue(s)
Could a chapter 13 plan treat a tax sale purchaser's right to payment of redemption amount as a secured claim to be paid pursuant to the terms of the plan?
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Court
:
- 11 U.S.C.
In re Wilson
May
05
2016
Ruling
Partially secured second mortgage on debtor's principal residence could not be modified.
Issue(s)
Could chapter 13 debtor modify a second mortgage on debtor's primary residence that was allegedly unsecured?
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Court
:
- 11 U.S.C.
In re Brooks
Apr
15
2016
Ruling
Debtor could not modify creditor's security interest in debtor's residence in a multi-family property.
Issue(s)
Whether the statutory protection given to secured creditors under 11 U.S.C.S. § 1322(b)(2) applies to a security interest in real property that is a debtor's principal residence, if that residence happens to be a multi-family home with income potential.
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Court
:
- 11 U.S.C.
DiMauro v. Wilmington Trust Co. (In re DiMauro)
Apr
14
2016
Ruling
Petition date was the operative date for determining the value of the debtors' home.
Issue(s)
What is the proper date for valuing residential property for the purpose of determining whether a junior mortgage is completely unsecured and thus subject to strip-off under § 1322(b)(2)?
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Court
:
- 11 U.S.C.
In re Snowden
Feb
12
2016
Ruling
Debtor could modify mortgage that was secured by multiple parcels of property and not solely secured by property that was debtor's primary residence.
Issue(s)
Could debt secured by multiple parcels of property, including a parcel on which debtor's primary residence was located, be modified?
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Court
:
- 11 U.S.C.
Etheridge v. CitiMortgage Inc. (In re Etheridge)
Jan
28
2016
Ruling
State property law could be applied to allow settlement avoiding underwater second lien on debtor's property despite anti-modification provision of § 1322 (b)(2).
Issue(s)
Could second lien on debtor's property be avoided in settlement?
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Court
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