Legal Opinion

In Re Algee

District Court, District of Columbia

Decided July 23, 1992No. Bankruptcy 86-00934PublishedCited by 19 opinions

1Opinion of the Court

DECISION RE MOTION TO BIFURCATE BVC AND PCC LIEN CLAIMS

S. MARTIN TEEL, Jr., Bankruptcy Judge.

This case presents the issue whether, in the fifth year of his Chapter 13 plan, the debtor may bifurcate the claims of underse-cured lien creditors in order to treat the bulk of their claims as unsecured. The debtor asserts that upon such bifurcation the unsecured claims will be subject to discharge. The plan implicitly treated the lien claims as secured without regard to their undersecured status and made no provision for the lien claims as unsecured claims. Accordingly, the court will deny the…

2Cases cited15 opinions

  1. Dewsnup v. TimmSupreme Court of the United States · 1992
  2. In Re Francis A. Arnold, A/K/A Frank Arnold, Debtor. Francis A. Arnold, A/K/A Frank Arnold v. Ruth WeastCourt of Appeals for the Fourth Circuit · 1989
  3. Anaheim Savings & Loan Ass'n v. Evans (In Re Evans)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  4. In Re JockUnited States Bankruptcy Court, M.D. Tennessee · 1989
  5. Ford Motor Credit Co. v. Lewis (In Re Lewis)United States Bankruptcy Court, D. Idaho · 1981

10 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994
  2. In Re ColemanUnited States Bankruptcy Court, S.D. Georgia · 1999
  3. In Re DukeUnited States Bankruptcy Court, N.D. Alabama · 1993
  4. In Re BanksUnited States Bankruptcy Court, S.D. Mississippi · 1993
  5. In Re DunlapUnited States Bankruptcy Court, E.D. Arkansas · 1997

14 more not listed; retrieve them via the Exa API.

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