Legal Opinion

Bullard v. Hyde Park Savings Bank

Bankruptcy Appellate Panel of the First Circuit

Decided May 24, 2013No. BAP No. MB 12-054; Bankruptcy No. 10-23503-WCHPublishedCited by 6 opinions

1Opinion of the Court

HAINES, Bankruptcy Judge.

Louis B. Bullard appeals the bankruptcy court’s order denying confirmation of his third amended chapter 13 plan. As explained below, we AFFIRM.

Bullard’s plan proposed to bifurcate Hyde Park Savings Bank’s secured claim. It sought to reduce the secured portion of the claim to the value of the collateral and to pay the balance a dividend (cents on the dollar) as an unsecured claim. At the same time, the plan proposed that the secured portion of the claim would be paid beyond the plan’s term. Such plans, which attempt to take advantage of the “modification” provisions of…

2Cases cited31 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Caminetti v. United StatesSupreme Court of the United States · 1917
  4. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  5. Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007

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3Cited by6 opinions

  1. Bullard v. Blue Hills BankSupreme Court of the United States · 2015
  2. Gugliuzza v. Federal Trade CommissionCourt of Appeals for the Ninth Circuit · 2017
  3. In re WimmerUnited States Bankruptcy Court, S.D. New York · 2014
  4. In re AbregoUnited States Bankruptcy Court, N.D. Illinois · 2014
  5. Kramer v. BankowskiBankruptcy Appellate Panel of the First Circuit · 2014

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