Legal Opinion

In re Turcotte

United States Bankruptcy Court, S.D. Texas

Decided June 8, 2017No. Case No. 16-36040PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION DENYING CONFIRMATION OF THE DEBTORS’ PLAN OF REORGANIZATION DATED APRIL 19, 2017 WITHOUT PREJUDICE TO FILING AN AMENDED PLAN

Jeff Bohm, United States Bankruptcy Judge

I. Introduction

This case presents the narrow of issue of what interest rate is appropriate in a Chapter 13 plan for a secured creditor who will be paid on a cramdown basis. There is no question that the Supreme Court’s holding in Till v. SCS Credit Corp., 541 U.S. 465, 124 S.Ct. 1951, 158 L.Ed.2d 787 (2004), governs this dispute. However, there is disagreement in this District about the application of Till, and…

2Cases cited28 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  3. Bullard v. Blue Hills BankSupreme Court of the United States · 2015
  4. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
  5. Sullivan v. StroopSupreme Court of the United States · 1990

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3Cited by2 opinions

  1. In re SmithUnited States Bankruptcy Court, W.D. Louisiana · 2018
  2. Calvin Scott Page and Helen Villabane PageUnited States Bankruptcy Court, E.D. Washington · 2024

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