Legal Opinion

In Re Carouthers

United States Bankruptcy Court, W.D. Michigan

Decided May 27, 2011No. 20-01957PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER REGARDING MOTION TO LIFT STAY

SCOTT W. DALES, Bankruptcy Judge.

I. INTRODUCTION

This motion for relief from stay requires the court to consider the binding effect of a confirmed Chapter 13 plan on the rights of the holder of an unperfected security interest in a 2004 Chevrolet Silverado (the “Chevy”) where the plan does not specifically mention the collateral or the creditor. The creditor, Honor Credit Union (the “Credit Union”), argues that “liens float through bankruptcy,” and that the debtors, LC and Shirley Carouthers (the “Debtors”), have failed to adequately protect the…

2Cases cited18 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  3. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  4. Dewsnup v. TimmSupreme Court of the United States · 1992
  5. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010

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3Cited by1 opinion

  1. Nicholas v. Oren (In Re Nicholas)United States Bankruptcy Court, E.D. New York · 2011

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