Legal Opinion

In Re Myers

United States Bankruptcy Court, W.D. Oklahoma

Decided March 7, 1995No. 19-10724PublishedCited by 12 opinions

1Opinion of the Court

ORDER ON OBJECTION TO CONFIRMATION OF CHAPTER IS PLAN

PAUL B. LINDSEY, Chief Judge.

In a case such as this, filed under Chapter 13 of the Bankruptcy Code, 1 the provisions of § 1325(a) govern whether the court may confirm the debtor’s Chapter 13 plan. Section 1325(a)(5) deals with allowed secured claims provided for in the plan. Its requirements are met if the holder of the claim accepts the plan [§ 1325(a)(5)(A) ] or the debtor surrenders the property securing the claim to the holder [§ 1325(a)(5)(C) ].

If, however, the debtor proposes to retain the property which secures the claim, and the…

2Cases cited15 opinions

United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
Nobelman v. American Savings BankSupreme Court of the United States · 1993
In Re Estel Ray Hougland, Ruth Evelyn Hougland, Debtors. Estel Ray Hougland Ruth Evelyn Hougland v. The Lomas & Nettleton Company, Creditor-AppellantCourt of Appeals for the Ninth Circuit · 1989
In Re Danny L. Hart and Joanne E. Hart, Debtors. Eastland Mortgage Co. v. Danny L. Hart and Joanne E. HartCourt of Appeals for the Tenth Circuit · 1991
In Re Peter Gordon Balbus, Debtor. Brown and Company Securities Corporation v. Peter Gordon BalbusCourt of Appeals for the Fourth Circuit · 1991

10 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

In Re SharonUnited States Bankruptcy Court, S.D. Ohio · 1996
In the Matter of Elray and Jean Rash, Debtor. Associates Commercial Corporation v. Elray Rash and Jean E. RashCourt of Appeals for the Fifth Circuit · 1996
General Motors Acceptance Corp. v. Valenti (In re Valenti)Court of Appeals for the Second Circuit · 1997
In Re HoskinsUnited States Bankruptcy Court, S.D. Indiana · 1995
In Re ValentiCourt of Appeals for the Second Circuit · 1997

7 more not listed; retrieve them via the Exa API.