Legal Opinion

Bank One, NA v. Leuellen (In Re Leuellen)

District Court, S.D. Indiana

Decided March 16, 2005No. 3:04-cr-00037PublishedCited by 32 opinions

1Opinion of the Court

HAMILTON, District Judge.

Does 11 U.S.C. § 1329 flatly prohibit a bankruptcy court from allowing Chapter 13 debtors, acting in good faith and with court approval, to modify their confirmed Chapter 13 plan to surrender collateral to a secured creditor and to treat any deficiency as an unsecured claim? In more practical terms, should Chapter 13 debtors be required to lose their home because they can no longer pay for their car? Or may they instead, acting in good faith and with bankruptcy court approval, modify their Chapter 13 plan to surrender the car to the secured lender? The question has…

2Cases cited26 opinions

Associates Commercial Corp. v. RashSupreme Court of the United States · 1997
In the Matter of Robert John Love, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1992
Diane Colby, on Her Own Behalf and That of All Other Persons Similarly Situated v. J.C. Penney Company, Inc.Court of Appeals for the Seventh Circuit · 1987
In Re Julian Roosevelt Goeb and Jane Alma Goeb, Debtors. In Re Julian Roosevelt Goeb and Jane Alma Goeb v. Harry W. Heid, Chapter 13 TrusteeCourt of Appeals for the Ninth Circuit · 1982
In the Matter of Ronald J. Witkowski, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1994

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

3Cited by32 opinions

In Re: Matthew Adkins, Debtor. David Wm. Ruskin, Trustee v. Daimlerchrysler Services North America, L.L.C., (Creditor)Court of Appeals for the Sixth Circuit · 2005
In Re Cypresswood Land Partners, IUnited States Bankruptcy Court, S.D. Texas · 2009
In Re WetzelUnited States Bankruptcy Court, E.D. Wisconsin · 2008
Coastal Credit, L.L.C. v. Mellors (In Re Mellors)United States Bankruptcy Court, W.D. Pennsylvania · 2007
In Re DisneyUnited States Bankruptcy Court, D. Colorado · 2008

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