Legal Opinion
In re Benedicto
United States Bankruptcy Court, S.D. Florida.
Decided June 29, 2018No. CASE NO. 15-28671-BKC-RAM; CASE NO. 14-20339-BKC-LMIPublishedCited by 2 opinions
1Opinion of the Court
Robert A. Mark, Judge United States Bankruptcy Court
In both of these chapter 13 cases, creditors holding mortgages on the debtors' real property have objected to confirmation of the debtors' plans. Both objections argue that the Court must deny confirmation because the chapter 13 plans include balloon payments in violation of § 1325(a)(5)(B)(iii)(I) of the Bankruptcy Code. Under that subsection, if a chapter 13 plan includes periodic payments on a secured claim, "such payments shall be in equal monthly amounts." Both Chief Judge Isicoff and Judge Mark, who will be referred to as "the Court,"…
2Cases cited8 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re DeSardiUnited States Bankruptcy Court, S.D. Texas · 2006
- Hamilton v. Wells Fargo Bank, N.A. (Hamilton)Bankruptcy Appellate Panel of the First Circuit · 2009
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3Cited by2 opinions
- In re SheltonUnited States Bankruptcy Court, N.D. Illinois · 2018
- Sandra Joyce McGrath and Dale Allen RogersUnited States Bankruptcy Court, D. New Mexico · 2020