You are here

In re Cassell (Case No. 13-71980) 03/14/14

The creditor, whose claim was secured by a vehicle, filed an objection to confirmation of a proposed chapter 13 plan.  The court considered whether the plan complied with 11 U.S.C. § 1325 and may be confirmed or whether the creditor’s objection should be sustained due to the fact that the plan listed an amount in paragraph 3(D) that was less than the actual debt resulting in an impermissible cram down.  The court concluded that the plan language was clear in that the trustee would commence payments to the holder of each allowed secured claim listed in paragraph 3(D) on the balance owed or the amount specified in paragraph 3(A), whichever is less, until the amount was paid in full.  There was no amount listed in 3(A).  The court thus overruled the creditor’s objection and confirmed the plan.

Date: 
Friday, March 14, 2014
Category: 
Adequate Protection
Chapter 13 Issues
Confirmation of Plan
Proofs of Claim
Valuation
Chapter: 
13