- Case Type:
- Case Status:
- No. 17-60533 (5th Circuit, Aug 13,2018) Published
- 5th Cir. affirmed ruling of district court (ND. Miss.), affirming bankruptcy court, which overruled secured creditor's objection to chapter 13 plan treatment for failure to include one time delivery and setup charges in current value of mobile home. Section 506(a) language that replacement value should not deduct "costs of sale or marketing" did not include delivery and setup charges for mobile home. "Proposed disposition or use" standard from USCOTUS decision Associates v. Rash, 520 US 953 (1987) did not include delivery and setup charges for mobile home.
- Procedural context:
- Secured creditor objected to debtor's chapter 13 plan and treatment thereunder; bankruptcy court (ND. Miss.) overruled and confirmed plan. Creditor appealed to district court, which affirmed. Creditor appealed to Fifth Circuit.
- Mortgage company financed debtor's purchase of mobile home, which price included one time delivery and setup costs of approximately $4,000. Debtor filed chapter 13, and proposed plan which sought to pay secured creditor value of the mobile home, plus 5%, but not the setup and delivery costs. Creditor objected to proposed plan treatment.
- Elrod, Costa, Ho
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