Legal Opinion

In re Amaya

United States Bankruptcy Court, S.D. Texas

Decided April 11, 2018No. CASE NO: 17–70280PublishedCited by 1 opinion

1Opinion of the Court

Eduardo V. Rodriguez, United States Bankruptcy Judge

I. INTRODUCTION

The Southern District of Texas utilizes a Uniform Chapter 13 Plan and Motion for *405Valuation of Collateral across its seven Divisions. In the case sub judice, a secured creditor objects to the debtor's chapter 13 plan on two bases: to wit, (i) the plan's purported failure to provide for fixed and equal payments in accordance with 11 U.S.C. § 1325(a)(5)(B)(iii)(I), and (ii) that the plan fails to provide that the creditor shall retain its lien as required by § 1325(a)(5)(B)(i)(II). In addressing this objection, this Court must…

2Cases cited7 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
  3. In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
  4. In Re DeSardiUnited States Bankruptcy Court, S.D. Texas · 2006
  5. In Re BalderasUnited States Bankruptcy Court, W.D. Texas · 2005

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3Cited by1 opinion

  1. In re MiceliUnited States Bankruptcy Court, N.D. Illinois · 2018

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