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In re Waters (Case No. 06-50309) 5/9/2007

The matter before the Court is a creditor's objection to confirmation of the debtors' Chapter 13 plan on the ground that it does not comply with the provisions of the “hanging paragraph” of 11 U.S.C. § 1325(a)(5).  The Court held that the plain language of the "hanging paragraph" of Section 1325(a)(5) prevents the bifurcation of a secured claim into secured and unsecured portions for the purpose of claims filed by 910 creditors.  As such, the 910 creditor holds only a secured claim, which is treated as fully secured.  The surrender of fully secured collateral satisfies an allowed secured claim in full.  Accordingly, the Court overruled the creditor's objection to confirmation.

Date: 
Wednesday, May 9, 2007
Category: 
Classification of Claims
Confirmation of Plan
Chapter: 
13