Tag Archives: cramdown

Chapter 13 Residential Mortgages: Anti-Modification Round 3

Posted on July 5, 2017 by

In re Hueramo, 564 B.R. 604 (Bankr. N.D. Ill. 2017) – A chapter 13 debtor proposed a plan that bifurcated an undersecured mortgage loan into a secured claim and an unsecured claim. The mortgagee objected and moved for relief from … Continue reading →

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Chapter 13 Residential Mortgages: Anti-Modification Round 2

Posted on June 28, 2017 by

In re Addams, 564 B.R. 458 (Bankr. E.D. N.Y. 2017) – A lender holding a mortgage on a two unit structure occupied in part and rented in part by a chapter 13 debtor moved to dismiss the case. The lender … Continue reading →

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First Residential Mortgages: Do Not Take Anti-Modification Protection for Granted

Posted on June 21, 2017 by

In re Birmingham, 846 F.3d 88 (4th Cir. 2017) – A chapter 13 debtor sued his lender requesting a declaration that his chapter 13 plan could modify the lender’s mortgage on his primary residence. The bankruptcy court granted the lender’s … Continue reading →

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Cramdown Plan of Reorganization: Can A $2400 Tail Wag An $8.6 Million Dog?

Posted on December 28, 2016 by

Village Green I, GP v. Fed. Nat’l. Mortgage Ass’n. (In Re Village Green I, GP), 811 F.3d 816 (6th Cir. 2016) – The debtor sought confirmation of a plan of reorganization where the impaired accepting class consisted of two claims … Continue reading →

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Default Interest: There’s Prepetition Interest and Postconfirmation Plan Interest – Don’t Forget About What Happens in the Middle

Posted on August 17, 2016 by

Wells Fargo Bank, N.A. v. Beltway One Development Group, LLC (In re Beltway One Development Group, LLC), 547 B.R. 819 (9th Cir. BAP 2016) – A creditor objected to confirmation of a chapter 11 plan of reorganization because it did … Continue reading →

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When Is Involuntary Vesting Incompatible with Surrender? – When a Court Says So

Posted on July 20, 2016 by

In re Tosi, 546 B.R. 487 (Bankr. D. Mass 2016) – A mortgagee objected to a proposed chapter 13 plan which provided that the debtor’s title to the mortgaged property would automatically vest in the mortgagee if the debtor and … Continue reading →

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