The Court determined that the effect of the "hanging paragraph" of Section 1325(a)(5) prevents bifurcation of covered secured claims, so the Debtor's Chapter 13 plan could provide for surrendering collateral in full satisfaction thereof. Because the Creditor filed an unsecured claim, the plan could not be confirmed.
File:
Judge:
Date:
Monday, September 25, 2006
Category:
Confirmation of Plan
Statutory Construction
Unsecured Claim
Chapter:
13