When there is no objection, a chapter 13 plan need not include a fixed duration, because chapter 13 does not expressly prohibit plans with estimated lengths.
The Court DISMISSED the appeal for lack of jurisdiction over the orders denying Stone’s emergency motion to set aside foreclosure sale and the order denying the imposition of stay and AFFIRMED...
In a Chapter 13 plan context, a trustee's objection/argument/requirement at confirmation hearing that would prohibit certain modifications to the plan (such as the so called Molina language,from...
On direct appeal from bankruptcy court, the Sixth Circuit vacated and remanded an order confirming a Chapter 13 plan after the Debtor amended to include her long-standing 401(k) contributions as...
Judge(s):
Clay, Larsen & Readler; Opinion by Larsen; Dissent by Readler
A bankruptcy court may not void a lien under §506(d) when a claim relating to the lien is disallowed because the creditor who filed the proof of claim did not prove that it was entitled to enforce...
BAP for 9th Cir. affirmed ruling of bankruptcy court (WD Wa.) dismissing chapter 13 debtor's case. Bankruptcy court properly rejected debtor's due process argument that she did not have adequate...
Even though the debtor had no memory of the facts that gave rise to a cause of action that would have been an asset in his first bankruptcy case until after he had received a discharge in his...
Whether property has value to estate determined at time of proposed abandonment. Although property had no equity as of petition date, Debtor's later motion to compel abandonment denied where...
