Legal Opinion
HSBC Bank USA, N.A. v. Zair
District Court, E.D. New York
Decided April 12, 2016No. 15-cv-4958 (ADS)PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
ARTHUR D. SPATT, United States ' District Judge
When a debtor files for Chapter 13 bankruptcy protection, the United States Bankruptcy Code strictly regulates the manner in which the debtor’s secured creditors are repaid. In particular, under the provisions of 11 U.S.C. § 1325(a)(5), a repayment plan is only confirmable if, with respect to each secured creditor, one of the following is true: (1) the creditor consents to the plan, id. § 1325(a)(5)(A); (2) the plan provides for the creditor to retain his security interest in his collateral and receive periodic…
2Cases cited19 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
- Capital One Auto Finance v. OsbornCourt of Appeals for the Eighth Circuit · 2008
- In Re: Air Crash Off Long Island, New York, on July 17, 1996Court of Appeals for the Second Circuit · 2000
- Matter of ScherUnited States Bankruptcy Court, S.D. New York · 1981
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bank of New York Mellon v. Nicholas Lee WattCourt of Appeals for the Ninth Circuit · 2017
- In re CoughlinUnited States Bankruptcy Court, E.D. New York · 2017
- Board of Trustees v. Kern (In re Kern)United States Bankruptcy Court, E.D. New York · 2017
- Wells Fargo Bank, N.A. v. Sagendorph (In re Sagendorph)District Court, D. Massachusetts · 2017
- Selene Finance LP v. Brown (In re Brown)District Court, D. Massachusetts · 2017
3 more not listed; retrieve them via the Exa API.