Legal Opinion

In Re Rheaume

United States Bankruptcy Court, D. Vermont

Decided August 5, 2003No. 19-10209PublishedCited by 10 opinions

1Opinion of the Court

AMENDED 1 MEMORANDUM OF DECISION

COLLEEN A. BROWN, Bankruptcy Judge.

The Court has raised, on its own initiative, the question of whether a particular provision of the Debtor’s chapter 13 plan (hereinafter, the “Plan”) 2 is consistent with the requirements of chapter 13 of the Bankruptcy Code. 3 The language in question reads:

Creditors holding secured claims shall retain their liens only to the extent of their allowed secured claims. To the extent that the allowed secured claim is paid during this case or thereafter, such creditors’ lien shall be reduced. Once an allowed secured claim has been…

2Cases cited18 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Mohasco Corp. v. SilverSupreme Court of the United States · 1980
  4. In the Matter Of: Warren C. Chappell and Barbara A. Chappell, Doing Business as Mister Photographer, Debtors, Appeal Of: Homebanc, IncorporatedCourt of Appeals for the Seventh Circuit · 1993
  5. In Re JonesUnited States Bankruptcy Court, E.D. Michigan · 1993

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3Cited by10 opinions

  1. In Re LillyUnited States Bankruptcy Court, C.D. Illinois · 2007
  2. In Re MillspaughUnited States Bankruptcy Court, D. Idaho · 2003
  3. Flynn v. Bankowski (Flynn)Bankruptcy Appellate Panel of the First Circuit · 2009
  4. United States v. Monahan (In re Monahan)Bankruptcy Appellate Panel of the First Circuit · 2013
  5. In Re RameyUnited States Bankruptcy Court, E.D. Arkansas · 2003

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