In Re Longbine
United States Bankruptcy Court, S.D. Texas
1Opinion of the Court
ORDER DENYING CONFIRMATION OF CHAPTER 13 PLAN AND SETTING DEADLINES AND OTHER SCHEDULING
WESLEY W. STEEN, Bankruptcy Judge.
The Debtor proposes to cram down a chapter 13 plan over the objection of a creditor with a lien on the Debtor’s motor vehicle. The dispute between the Debtor and the secured lender is whether the allowed secured claim should be determined by the value of the collateral on the bankruptcy petition date or on the date that the chapter 13 plan is confirmed. For reasons set forth below, the Court concludes that the bankruptcy petition date is the appropriate valuation date for…
2Cases cited4 opinions
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- In Re KennedyUnited States Bankruptcy Court, S.D. Alabama · 1995
- General Motors Acceptance Corp. v. Chapman (In Re Chapman)United States Bankruptcy Court, M.D. Pennsylvania · 1990
- In Re HallUnited States Bankruptcy Court, S.D. Indiana · 1990
3Cited by2 opinions
- Chase Manhattan Bank USA NA v. StembridgeCourt of Appeals for the Fifth Circuit · 2004
- In Re EngebregtsenUnited States Bankruptcy Court, E.D. Wisconsin · 2006