Legal Opinion
In re Scarver
United States Bankruptcy Court, M.D. Alabama
Decided August 24, 2016No. Case No. 14-10150-WRSPublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OPINION
William R. Sawyer, United States Bankruptcy Judge
This Chapter 13 bankruptcy case is before the Court on the “Motion for a Determination of Secured Status” filed by 1st Franklin Financial Corporation (“1st Franklin”). (Doc. 40). The question presented is whether a Chapter 13 debtor acting in good faith may modify her confirmed plan to surrender collateral and reclassify any deficiency balance as an unsecured claim. For the reasons set forth below, the Court holds that a debtor may modify her confirmed plan for that purpose. Therefore, 1st Franklin’s motion is DENIED.
I. FACTS…
2Cases cited70 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Nobelman v. American Savings BankSupreme Court of the United States · 1993
- Yates v. United StatesSupreme Court of the United States · 2015
- In Re Charles E. Kitchens and Olivia L. Kitchens, Bankrupt. Charles E. Kitchens and Olivia L. Kitchens v. Georgia Railroad Bank and Trust CompanyCourt of Appeals for the Eleventh Circuit · 1983
- In Re Edward J. Waldron, Debtors, Shell Oil Company, Cross-Appellee v. Edward J. Waldron and Elizabeth M. Waldron, His Wife, Cross-AppellantsCourt of Appeals for the Eleventh Circuit · 1986
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3Cited by9 opinions
- In re FaysonUnited States Bankruptcy Court, D. Delaware · 2017
- Alan R. Burnsed and Beverly Amber BurnsedUnited States Bankruptcy Court, S.D. Georgia · 2021
- Carey MaconUnited States Bankruptcy Court, S.D. Georgia · 2025
- In re: Alice K. KoffahUnited States Bankruptcy Court, S.D. Georgia · 2025
- In re: Mark Arden Casto v. Estate of Tim T. Rovig and Jonathan W. Deloach, TrusteeUnited States Bankruptcy Court, M.D. Georgia · 2026
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