Legal Opinion
In re Montiho
United States Bankruptcy Court, D. Hawaii
Decided February 10, 2012No. 11-02833PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON CHAPTER 13 PLAN CONFIRMATION
ROBERT J. HARRIS, Bankruptcy Judge.
This case presents the question of whether a chapter 13 debtor’s payments to unsecured creditors must increase when the debtors make their last payment on a secured auto loan. I conclude that the answer is yes, and therefore I will deny confirmation of the plan.
Mr. and Mrs. Montiho’s plan (dkt. no. 2) provides that they will continue to make their regular contractual payments of about $640 per month to Hawaii USA Federal Credit Union (“HIUSA”) on two auto loans. The last payment on the loans is due in…
2Cases cited10 opinions
- Ransom v. FIA Card Services, N. A.Supreme Court of the United States · 2011
- Hamilton v. LanningSupreme Court of the United States · 2010
- In Re RezentesUnited States Bankruptcy Court, D. Hawaii · 2007
- Musselman v. eCast Settlement Corp. (In Re Musselman)District Court, E.D. North Carolina · 2008
- Darrohn v. Hildebrand (In Re Darrohn)Court of Appeals for the Sixth Circuit · 2010
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re MooreUnited States Bankruptcy Court, C.D. Illinois · 2012
- In re AfkoUnited States Bankruptcy Court, S.D. New York · 2013
- In re BallewUnited States Bankruptcy Court, E.D. North Carolina · 2013
- In re MontanoUnited States Bankruptcy Court, S.D. Florida. · 2016
- Jody Lee Beach and Associated Case in US District CourtUnited States Bankruptcy Court, D. New Mexico · 2022