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Legal Opinion

In Re Lilly

United States Bankruptcy Court, C.D. Illinois

Decided October 30, 2007No. 07-80008PublishedCited by 32 opinions

1Opinion of the Court

OPINION

THOMAS L. PERKINS, Chief Judge.

This matter is before the Court on the objection of Americredit Financial Services, Inc., (AFS) to confirmation of the Amended Chapter 13 Plan proposed by the Debtor, Darla Lilly (DEBTOR). The issue is whether the lien retention provision added by BAPCPA to Section 1325(a)(5)(B)(i) prevents a Chapter 13 debtor who is not entitled to a discharge from modifying the interest rate on a secured claim and, if permitted, the post-bankruptcy effect of such modification. For the following reasons, the Court determines that interest rate modification is permitted…

2Cases cited9 opinions

  1. Till v. SCS Credit Corp.Supreme Court of the United States · 2004
  2. In Re HopkinsUnited States Bankruptcy Court, N.D. Illinois · 2007
  3. In Re RheaumeUnited States Bankruptcy Court, D. Vermont · 2003
  4. Sallie Mae Servicing Corp. v. Ransom (In Re Ransom)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. In Re WilliamsUnited States Bankruptcy Court, N.D. Illinois · 2007

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

3Cited by32 opinions

  1. In Re OkosisiUnited States Bankruptcy Court, D. Nevada · 2011
  2. In Re JarvisUnited States Bankruptcy Court, C.D. Illinois · 2008
  3. In Re TranUnited States Bankruptcy Court, N.D. California · 2010
  4. In Re HillUnited States Bankruptcy Court, S.D. California · 2010
  5. In Re FennUnited States Bankruptcy Court, N.D. Illinois · 2010

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

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