Legal Opinion

Greenspan v. Davis (In Re Glasper)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 11, 1983No. BAP Nos. CC-81-1297-GHV, CC-81-1352-GHV, Bankruptcy No. LA 81-08582-JDPublishedCited by 16 opinions

1Opinion of the Court

OPINION

GEORGE, Bankruptcy Judge:

Consolidated in this appeal are two Chapter 13 cases in which the bankruptcy court confirmed plans calling for the current payment of secured creditors outside the plan and the payment of arrearages on those secured debts through the plan. We find this bifurcation of payments to secured creditors to be impermissible under Chapter 13.

VACATED and REMANDED.

I. BACKGROUND

There is no factual dispute in this appeal. Each of the debtors has proposed to pay the arrearages owing one or more secured creditors by installments made through their respective Chapter 13 plans.…

2Cases cited6 opinions

In the Matter of John W. Foster, Jr. And Myrtha D. Foster, Debtors. John W. Foster, Jr., and Myrtha D. Foster v. William Heitkamp, TrusteeCourt of Appeals for the Fifth Circuit · 1982
In Re CaseUnited States Bankruptcy Court, D. Utah · 1981
In Re HinesUnited States Bankruptcy Court, D. South Dakota · 1980
Matter of BerryUnited States Bankruptcy Court, S.D. Ohio · 1980
In Re FosterUnited States Bankruptcy Court, S.D. Texas · 1981

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

3Cited by16 opinions

In Re EvansUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
Greseth v. Federal Land Bank (In Re Greseth)District Court, D. Minnesota · 1987
Matter of HarrisUnited States Bankruptcy Court, D. Nebraska · 1989
In Re Erickson PartnershipUnited States Bankruptcy Court, D. South Dakota · 1987
In Re HagensickUnited States Bankruptcy Court, N.D. Iowa · 1987

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