§ 1325(a)(5)

Donnadio, In re--Santander Consumer USA Inc. v. Donnadio

Ruling: 
Court erred in confirming debtors' plan as it did not include a nonstandard plan provision thataddressed a creditor's lien retention. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on November 25,2019, LexisNexis #0120-023

Foley, In re

Ruling: 
Plan's lien-retention language in non-standard provisions was not a barrier to confirmation asthe affected secured creditors had accepted the plans. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on August 19,2019, LexisNexis #1019-070

Winstead, In re

Ruling: 
Debtor may bifurcate bank's claim in proposed Chapter 13 plan if the value of themortgaged property is less than the amount of the claim. (Bankr. S.D. Miss.)
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Consumer case opionion summary, case decided on July 31,2019, LexisNexis #0919-097

Smith, In re

Ruling: 
Debtor's chapter 13 plan was denied as debtor proposed to cram down the interest rate he was paying on a debt from an oversecured creditor as of the date he declared bankruptcy instead of the date his plan was confirmed. (Bankr. W.D. La.)
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Consumer case opionion summary, case decided on December 03,2018, LexisNexis #0119-051

Keokuk, In re

Ruling: 
Court denied confirmation of debtor's amended chapter 13 plan where plan was notconfirmable, as debtor’s proposed surrender of the mobile home was not the equivalent of adistribution of the value of the mobile home. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on November 20,2018, LexisNexis #0119-026

Sparks, In re

Ruling: 
Second amended plan could not be confirmed as it proposed to bifurcate an oversecured lien.(Bankr. S.D. Ohio)
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Consumer case opionion summary, case decided on August 17,2018, LexisNexis #1018-081

Sine, In re

Ruling: 
Debtors' plan had to provide for the secured claim of the boat in the amount of the presentvalue instead of the entire contract debt. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-024

Sine, In re

Ruling: 
Debtors' plan had to provide for the secured claim of the boat in the amount of the presentvalue instead of the entire contract debt. (Bankr. W.D. Wash.)
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Consumer case opionion summary, case decided on August 24,2018, LexisNexis #1018-024

Caudill, In re

Ruling: 
Court held that debtors' home was worth $49,600 and that creditor's expert opinion as to thedimensions of the property for purposes of finding the appropriate value under § 506(a) wasconsistent and credible. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on July 25,2018, LexisNexis #0918-026

Benedicto, In re

Ruling: 
Objections to confirmation of chapter 13 plans sustained where plans included balloonpayments which were periodic payments incompatible with equal monthly paymentrequirement. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on June 29,2018, LexisNexis #0818-024

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