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In re Harris (Case No. 06-70538); In re Jarrell (Case No. 06-71129) 01/12/2007

The Court confirmed the debtors' Chapter 13 plans because (1) at least in cases in which no contrary position is asserted by some party in interest, 11 U.S.C. § 1325 (a)(5)(B)(iii) does not preclude the continuation of adequate protection payments post-confirmation until all administrative expenses have been paid in full, (2) interest begins to accrue on the secured loan balance on the date of confirmation, and (3) based on 11 U.S.C. § 1325(a)(5)(B)(i)(I) and (II), non-bankruptcy law (rather than plan provisions) controls how post-confirmation payments are applied to secured loan balances.

Date: 
Friday, January 12, 2007
Category: 
Adequate Protection
Administrative Expense
Attorneys Fees
Confirmation of Plan
Effective Date
Interest
Chapter: 
13