In Re Carouthers
United States Bankruptcy Court, W.D. Michigan
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
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Dewsnup v. TimmSupreme Court of the United States · 1992
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
13 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nicholas v. Oren (In Re Nicholas)United States Bankruptcy Court, E.D. New York · 2011